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Feds can’t destroy razor wire Texas installed near Eagle Pass, appeals court rules

The 5th Circuit Court of Appeals in New Orleans has instructed the federal government to stop 'damaging, destroying or interfering' with Texas’ concertina wire fence in the Eagle Pass area.
Chris Stokes for The Texas Tribune
The 5th Circuit Court of Appeals in New Orleans has instructed the federal government to stop 'damaging, destroying or interfering' with Texas’ concertina wire fence in the Eagle Pass area.

A federal appeals court on Wednesday stopped the federal government from destroying a fence of razor wire that Texas installed along the U.S.-Mexico border near Eagle Pass to deter migrants from entering the country illegally.

Texas had placed more than 29 miles of wire in the Eagle Pass area by last September when Attorney General Ken Paxton sued the Biden administration over Border Patrol agents’ alleged illegal destruction of state property by cutting the wire.

On Wednesday, the 5th Circuit Court of Appeals in New Orleans issued a 2-1 opinion that reversed a lower court’s ruling and granted Texas a limited preliminary injunction against the federal government.

“It was shocking to me that the federal government would go out of their way to cut razor wire to allow illegals to cross when we're just trying to protect our own land,” Paxton said during a Wednesday evening appearance on Newsmax. “This wasn't their land. This was our land, our private property. It had nothing due to the federal government. So this is a good win for Texas, a good win for the country, that this court recognized our ability to protect our land.”

The legal dispute had not stopped Texas from installing such razor wire in Eagle Pass, where the state earlier this year took over a municipal park, Shelby Park, against the city’s wishes.

“We continue adding more razor wire border barrier,” Gov. Greg Abbott wrote on X about the appellate court’s ruling Wednesday evening.

A spokesperson for the U.S. Department of Homeland Security did not immediately respond to a request for comment.

Joshua Fechter contributed to this report.