Court backs Texas over barbed wire installation on U.S.-Mexico borderExBulletin

Migrants wait to climb a concertina wire after crossing the Rio Grande and entering the United States from Mexico, September 23, 2023, in Eagle Pass, Texas. Eric Gay/AP .

switch captionÉric Gay/AP

NEW ORLEANS A federal appeals court ruled Wednesday that Border Patrol agents cannot cut barbed wire that Texas installed on the U.S.-Mexico border in the town of Eagle Pass, which has become the center of aggressive state measures to slow down the passage of migrants.

The ruling by the 5th U.S. Court of Appeals is a victory for Texas in a long-running dispute over immigration policy with the Biden administration, which has also sought to remove floating barriers installed on the Rio Great.

Texas has continued to install barbed wire along its roughly 1,200-mile (1,900-kilometer) border with Mexico over the past year. In a 2-1 ruling, the court issued an injunction preventing Border Patrol agents from damaging the Eagle Pass cable.

“We continue to add more barbed wire border barriers,” Republican Governor Greg Abbott posted on the social platform X in response to the decision.

A Department of Homeland Security spokesperson did not immediately respond to an email seeking comment Wednesday.

Some migrants have been injured by the sharp wire, and the Justice Department has argued that the fence hinders the U.S. government's ability to patrol the border, including coming to the aid of migrants who need help. Texas argued in the lawsuit filed last year that the federal government was “undermining” the state's border security efforts by cutting barbed wire.

The move comes ahead of President-elect Donald Trump's return to power and his pledge to crack down on immigration. Earlier this month, a Texas official proposed using a rural ranch plot along the U.S.-Mexico border as a staging area for possible mass expulsions.

Arrivals at the U.S.-Mexico border fell 40% from December's record high. U.S. officials primarily attribute Mexico's vigilance to rail yards and highway checkpoints.

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