Texas Secures Circuit Stay in Border Barrier Case After District Judge Savages Biden’s Border Policy
‘The immigration system . . . dysfunctional and flawed as it is, would work if properly implemented’
By Andrew R. Arthur on December 9, 2023
In late October, I reported that U.S. federal district court Judge Alia Moses had issued a temporary restraining order (TRO) barring the administration from cutting a concertina wire fence erected by the state of Texas along the Rio Grande near the town of Eagle Pass. In a later scathing November 29 order, however, Judge Moses denied the state’s request for a preliminary injunction, freeing the Biden administration to wreck the barriers to facilitate aliens’ illicit entries into the country. “Scathing”, that is, with respect to the administration’s actions at the border, not the state’s. To add insult to injury, the Fifth Circuit then turned around and shut the Biden administration’s destructive activity down, again.
The Concertina Wire, Not the River Buoys, Case
The case is captioned Texas v. DHS, and should not be confused with U.S. v. Abbott, a challenge by the Biden administration to force Texas Gov. Greg Abbott (R) to remove buoys the state had placed in the Rio Grande—again near Eagle Pass—to prevent migrants and smugglers from crossing the river on their way into this country. This one involves wire barriers on the shores of the river.
To recap Abbott, however, Senior Judge David Ezra, sitting by appointment on the U.S. District Court for the Western District of Texas, issued a preliminary injunction, ordering the governor to remove those buoys in early September.
https://cis.org/Arthur/Texas-Secures-Circuit-Stay-Border-Barrier-Case-After-District-Judge-Savages-Bidens-Border
