Judge tosses temporary restraining order that blocked Biden admin from removing razor wire placed along southern border

On Wednesday, a federal judge reversed a previous decision to enforce a temporary restraining order that blocked the Biden administration from removing and cutting razor wire placed by Texas officials along the southern border.

Texas Attorney General Ken Paxton filed a lawsuit against the Department of Homeland Security, Customs and Border Protection, and Border Patrol in October, accusing the federal government of illegally cutting and destroying razor-wire fencing placed along Texas' southern border by state officials.

Paxton claimed that the Biden administration was "undermining Texas's efforts to stem the flow of illegal immigration" and "fill the breach created by the federal government's indolence." The lawsuit noted that the federal government has cut Texas' strategically placed barriers on other occasions but has recently increased its efforts.

"Texas brings this lawsuit to end this ongoing, unlawful practice which undermines its border security efforts. This Court can and should enjoin the federal defendants from continuing to destroy and damage private property that is not theirs — without statutory authority and in violation of both state and federal law," Paxton's lawsuit stated.

In late October, Chief U.S. District Court Judge Alisa Moses issued a temporary restraining order, blocking the federal government from removing, scrapping, disassembling, or encumbering Texas' barriers. The order did not prevent federal agents from tampering with the razor wire to "provide or obtain emergency medical aid."

After hearing additional testimony early last month, Moses issued a new order on November 30, lifting the temporary restraining order.

Moses wrote in her 34-page ruling, "The Court finds that there is insufficient evidence at this juncture to support a substantial likelihood of success" on Paxton's claims.

"The possible harm suffered by the Plaintiff in the form of loss of control and use of its private property continues to satisfy the irreparable harm prong of preliminary-injunction analysis. The public interest calculation reflected in the Court's [temporary restraining order] decision stands," Moses added.

According to the judge, the issues appear "unique to the Del Rio Sector," which is currently the most trafficked border crossing area in Texas. Therefore, the federal government argued that it proved that there was no "agency-wide directive" to remove the razor wire.

"The immigration system at the heart of it all, dysfunctional and flawed as it is, would work if properly implemented," Moses wrote. "What follows here is but another chapter in this unfolding tragedy. The law may be on the side of the Defendants and compel a resolution in their favor today, but it does not excuse their culpable and duplicitous conduct."

Paxton stated that he plans to appeal the judge's ruling.

A trial date for the case has not yet been set.

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