Federal judge grants Texas' motion to temporarily stop the Biden administration from removing razor wire at the US-Mexic

[Polybius]

Source: CNN

Federal judge grants Texas’ motion to temporarily stop the Biden administration from removing razor wire at the US-Mexico border

A federal judge on Monday granted Texas’ motion to temporarily stop the Biden administration from removing the razor wire at the US-Mexico border, pending a preliminary injunction hearing.

The temporary win for Texas, which states the federal government shall not remove, disassemble, degrade or tamper with the concertina wire, comes with one exception, which allows the wire to be removed in the case of a “medical emergency that mostly likely results in serious bodily injury or death to a person,” according to the order issued by US District Judge Alia Moses.

The lawsuit, filed in the Western District of Texas, marks the latest chapter of the legal saga between the state and the Biden administration over border security during a migration surge that is straining local and federal resources.

The defendants include the Department of Homeland Security; DHS Secretary Alejandro Mayorkas, US Customs and Border Protection, CBP’s acting commissioner Troy Miller, US Border Patrol, USBP’s Chief Jason Owens and USBP Del Rio Sector acting chief patrol agent Juan Bernal.

Read more: https://www.cnn.com/2023/10/30/politics/texas-biden-wire-mexico-border-federal-order/index.html

---

George W. Bush appointee.

[moniss]

1. Believe me when I tell you

that most of Oklahoma would like to put concertina wire on their southern border too.

[Wonder Why]

2. and New Mexicans on their eastern border.

[LauraInLA]

8. Texas is actually doing that job for them ;).

Texas has started putting wire along the border with New Mexico, at least close to Sunland Park next to Mexico.

[Polybius]

5. Perhaps the Administration should conduct a poll

See where the American people view it, and do what they wish.

[moniss]

6. I would like to see a poll

conducted nationwide of which states people would like to see kicked out of the union.

[24601]

3. I'm providing a link to Chief Judge Alia Moses' Temporary Restraining Order

I wondered whether the land in this case was federal, state, or private property Her TRO notes that the land is not government-owned and is instead private property. The [concertina/razor wire] barrier belongs to the State of Texas and is on that private property "with the permission of the owners and/or municipal authority."

In granting Texas' request to prevent the Federal Government from "damaging, destroying, or otherwise interfering" with the barrier, Judge Moses carved out "... one important exception for any medical emergency that mostly likely results in serious bodily injury or death to a person, absent any boats or other life-saving apparatus available to avoid such medical emergencies prior to reaching the concertina wire barrier."

The Plaintiff is the State of Texas. The Defendants are senior federal government leaders in their official roles - Secretary of DHS, Acting Commissioner of CBP, Chief of the Border Patrol, and Acting Chief Patrol Agent, CBP Del Rio Sector.

As used below, the property isn't the land but is the concertina wire.

"Until November 13, 2023 at 9:30 a.m., the Defendants shall be enjoined from:

(1) removing the property from its present location for any reason other than to provide or obtain emergency
medical aid, as noted above;

(2) concealing the property in any way;

(3) offering the property for sale, rent, or use to any person, business, or entity;

(4) selling or otherwise transferring the property in whole or in part;

(5) encumbering the property in any way;

(6) scrapping the property;

(7) disposing of the property in any way;

(8) disassembling, degrading, tampering with, or transforming the property in any way for any reason other than to provide or obtain emergency
medical as noted in this order; and

(9) failing to take all steps necessary to protect the property against damage or loss of any kind."

The next hearing is November 7th.

[link:https://www.texasattorneygeneral.gov/sites/default/files/images/press/TRO%20order%2010.30.23.pdf|

[riversedge]

4. Geezz. Some company or companies are making lots of MONEY selling this razor wire....Look

at how much there is laid--must be 5-7 layers thick..........

Link to tweet

?s=20

[Rhiannon12866]

7. In the meantime, it's likely more people will die.

[moonshinegnomie]

9. id love to see the feds start dropping off boxes of wire cutters on the mexican side

[Polybius]

10. I wouldn't

Imagine the campaign ads against us?