Texas Takes Legal Action Against Biden Administration to Halt Border Razor Wire Cuttings by Federal Agents

McALLEN, Texas (AP) — In a move aimed at protecting its border security efforts, Texas has filed a lawsuit against the Biden administration, seeking to prevent federal agents from cutting the state’s razor wire that has gashed or snagged migrants attempting to enter the U.S. from Mexico at the Rio Grande. This legal action was initiated in federal court in Del Rio, Texas, by Attorney General Ken Paxton.

Paxton accuses the Biden administration of undermining the state’s border security by interfering with Texas’ right to construct border barriers to prevent the entry of illegal aliens. “Texas has the sovereign right to construct border barriers to prevent the entry of illegal aliens,” said Paxton in a news release on Tuesday.

The deployment of miles (kilometers) of concertina wire along the Texas-Mexico border began in May, prior to the expiration of Title 42, a temporary emergency health authority that was utilized to turn migrants back during the pandemic. The implementation of the sharp wire was concentrated in high-traffic areas along the Rio Grande, near locations such as Brownsville and Eagle Pass, Texas.

Concerns over the damaging impact of the razor wire were quickly raised by migrant and environmental advocates. Even those responsible for enforcing its use internally expressed apprehension. In July, a state trooper and medic lodged an internal complaint documenting cases of lacerated and injured migrants, describing the border tactics as inhumane.

The barrier, consisting of concertina wire, is positioned a few yards (meters) from the river’s edge, often requiring migrants to wait in the water for extended periods while U.S. Border Patrol processes them under immigration law. In some instances, federal agents have had to breach the wire to assist entangled migrants or gain access from the other side.

Texas alleges an increase in incidents of cutting through the wire, particularly after thousands of migrants waded through the river and entered the area of Eagle Pass in late September. The state claims that by cutting Texas’ concertina wire, the federal government not only commits illegal destruction of state-owned property, but also undermines border security efforts and compromises effective deterrence of illegal entry into Texas.

The Department of Homeland Security has not issued any comment regarding the lawsuit.

The deployment of razor wire is part of Texas Governor Greg Abbott’s two-year intensified initiative to impede migrants from crossing the state’s 1,200-mile (1,930-kilometer) border with Mexico.

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