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illegal immigration

Court rules in favor of Texas in razor wire case

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Attorney General Ken Paxton also said the ruling was a “huge win for Texas…. We sued immediately when the federal government was observed destroying fences to let illegal aliens enter, and we’ve fought every step of the way for Texas sovereignty and security.”

A panel of three judges on the Fifth U.S. Circuit Court of Appeals ruled in favor of Texas in a lawsuit filed over its concertina wire barriers.

The court ruled 2-1 in a case that may set the tone for two other cases before the court related to Texas’ border security operations.

Circuit Judge Stuart Kyle Duncan wrote for the majority, with Judge Don Willett joining him. Judge Irma Carrillo Ramirez dissented, arguing Texas did not meet “its burden to show a waiver of sovereign immunity or a likelihood of success on the merits.”

The ruling was issued 13 months after Texas sued the Biden administration after it destroyed concertina wire barriers it erected on state land.

The court was asked to decide whether Border Patrol agents can legally cut concertina wire fencing erected by Texas law enforcement along its border with Mexico. The Biden administration ordered Gov. Greg Abbott to remove it, arguing he was interfering with federal immigration operations. Abbott refused, arguing that the administration was facilitating illegal entry and violating federal law. In response, the administration ordered Border Patrol agents to use a bulldozer and remove wire fencing. Abbott sued, arguing they were destroying Texas property and Texas has the legal authority to erect barriers on state land.

Texas requested the district court to issue an injunction to block Border Patrol agents from removing the fencing, which it denied despite agreeing with Texas’ arguments.

The court “agreed with Texas on the facts: not only was Border Patrol unhampered by the wire, but its agents had breached the wire numerous times ‘for no apparent purpose other than to allow migrants easier entrance further inland,’” the Fifth Circuit’s 75-page ruling states. However, it denied Texas’ request arguing the federal government had sovereign immunity.

Texas next appealed to the Fifth Circuit, which granted the injunction pending appeal. The Biden administration appealed to the U.S. Supreme Court, which vacated the injunction without any stated reason.

The Supreme Court’s ruling didn’t deter Texas, which continued building and erecting concertina wire in the Eagle Pass area, and later established the military base for Texas’ border security mission, Operation Lone Star, there. OLS officers also expanded concertina wire barriers in other key areas along its border.

“The Texas National Guard continues to hold the line in Eagle Pass,” Abbott said at the time. “Texas will not back down from our efforts to secure the border in Biden’s absence.”

The three-judge panel ruled that Texas “is entitled to a preliminary injunction.” The ruling states that the Biden administration “clearly waived sovereign immunity as to Texas’s state law claims under § 702 of the Administrative Procedure Act,” which it says “is supported by a flood of uncontradicted circuit precedent to which the United States has no answer.”

The Fifth Circuit also rejected other Biden administration arguments, including that Texas was erecting barriers to safeguard its own property, not to “regulate Border Patrol.”

The ruling reversed the district court’s judgment and granted Texas’ preliminary injunction. The court also prohibited the federal government from “damaging, destroying, or otherwise interfering with Texas’s c-wire fence in the vicinity of Eagle Pass,” including Shelby Park, which Abbott shut down after learning that the Biden administration was using it as a staging ground to facilitate illegal entry into the US.

Abbott lauded the Fifth Circuit ruling, saying, “The federal court of appeals just ruled that Texas has the right to build the razor wire border wall that we have constructed to deny illegal entry into our state and that Biden was wrong to cut our razor wire. We continue adding more razor wire border barrier.”

Attorney General Ken Paxton also said the ruling was a “huge win for Texas.”

“The Biden Administration has been enjoined from damaging, destroying, or otherwise interfering with Texas’s border fencing. We sued immediately when the federal government was observed destroying fences to let illegal aliens enter, and we’ve fought every step of the way for Texas sovereignty and security.”

With weeks left in the administration, the concertina wire barrier case is unlikely to be appealed for a full court review.

In May, the court is scheduled to hear arguments on a lawsuit related to Texas’ marine barriers in the Rio Grande River, unless the case is dropped by the incoming Trump administration. Another case before the court is over Texas’ border security law, SB 4.

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illegal immigration

Heightened alert: Iranians in U.S. previously charged with support for terrorism

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Texas Department of Public Safety brush team apprehends gotaways and smuggler in Hidalgo County.   

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Prior to President Donald Trump authorizing targeted strikes against Iranian nuclear sites on Saturday, federal agents and Texas Department of Public Safety troopers have been arresting Iranian nationals, nearly all men, in the U.S. illegally. In the last few months, federal prosecutors have also brought terrorism charges against Iranians, including those in the U.S. working for the Iranian government.

Iran is a designated state sponsor of terrorism. Iranian nationals illegally in the country are considered “special interest aliens” under federal law.

The U.S. Department of Homeland Security on Sunday issued a warning to all Americans to be on a heightened threat alert.

“The ongoing Iran conflict is causing a heightened threat environment in the United States,” DHS warned. “Low-level cyber attacks against US networks by pro-Iranian hacktivists are likely, and cyber actors affiliated with the Iranian government may conduct attacks against US networks.

“Iran also has a long-standing commitment to target US Government officials it views as responsible for the death of an Iranian military commander killed in January 2020.”

U.S. officials have no idea how many Iranians are in the U.S. illegally because at least two million “gotaways” were recorded entering the U.S. during the Biden administration. Gotaways are those who illegally entered the U.S. between ports of entry who were not apprehended.

Key arrests include an Iranian living in the sanctuary jurisdiction of Natick, Mass., who is charged “with conspiring to export sophisticated electronic components from the United States to Iran in violation of U.S. export control and sanctions laws,” The Center Square reported. Authorities accuse the Iranian of illegally exporting the technological equipment to a company in Iran that contracts with the Islamic Revolutionary Guard Corps (IRGC), a US-designated foreign terrorist organization (FTO). The company allegedly manufactured drones used by the IRGC that killed U.S. soldiers stationed in Jordan.

Texas DPS troopers have arrested dozens of Iranian special interest aliens. Last October, DPS troopers questioned Iranians who illegally entered the U.S. near Eagle Pass, Texas, who said they came through Mexico and were headed to Florida, Las Vegas and San Francisco, The Center Square reported.

Last November and December, DPS troopers arrested Iranians in Maverick County after sounding the alarm about an increase of SIAs they were apprehending, The Center Square reported.

U.S. Customs and Border Protection and Immigration and Customs Enforcement officers also apprehended an Iranian with terrorist ties who illegally entered the U.S. near Buffalo, New York, The Center Square reported.

More recently, in April, two Iranians were charged in New York with conspiring to procure U.S. parts for Iranian drones, conspiring to provide material support to the IRGC and conspiring to commit money laundering. They remain at large. The charges “lay bare how U.S.-made technology ended up in the hands of the Iranian military to build attack drones,” DOJ National Security Division chief Sue Bai said.

Also in April, two Iranians and one Pakistani, were indicted in Virginia “for conspiring to provide and providing material support to Iran’s weapons of mass destruction program resulting in death and conspiring to commit violence against maritime navigation and maritime transport involving weapons of mass destruction resulting in death.” The Pakistani is awaiting trial; the Iranians remain at large.

Their involvement in maritime smuggling off the coast of Somalia led to the death of two Navy SEALs, according to the charges.

Also in April, a naturalized citizen working for the Federal Aviation Administration as a contractor pleaded guilty to charges of “acting and conspiring to act as an illegal agent of the Iranian government in the United States” for a period of five years. He was indicted last December in the District of Columbia for “infiltrating a U.S. agency with the intent of providing Iran with sensitive information,” including exfiltrating sensitive FAA documents to Iranian intelligence.

“The brazen acts of this defendant – acting against the United States while on U.S. soil – is a clear example of how our enemies are willing to take risks in order to do us harm,” U.S. Attorney Edward Martin said. “We want to remind anyone with access to our critical infrastructure about the importance of keeping that information out of the hands of our adversaries. I want to commend our prosecutors and law enforcement partners who secured a guilty plea that will keep our country safer.”

Also in April, an Iranian national was indicted in Ohio for operating a dark web marketplace selling methamphetamine, cocaine, fentanyl, heroin and oxycodone and other drugs; and for stealing financial information, using fraudulent identification documents, counterfeit currencies, and computer malware. Working with German and Lithuanian partners, he was charged, servers and other infrastructure were seized, and drugs and other contraband were stopped from entering the U.S., DOJ Criminal Division head Matthew Galeotti said.

Also in April, ICE Homeland Security Investigations in New York announced a civil forfeiture action halting an Iranian oil sale scheme that went on for years under the Biden administration.

The scheme involved facilitating the shipment, storage and sale of Iranian petroleum product owned by the National Iranian Oil Company for the benefit of the IRGC and Islamic Revolutionary Guard Corps, designated FTOs. The facilitators allegedly claimed the Iranian oil was from Malaysia, manipulated tanker identification information, falsified documents, paid storage fees in U.S. dollars and conducted transactions with U.S. financial institutions. The federal government seized $47 million in proceeds from the sale.

The complaint alleges they provided material support to the IRGC and IRGC-QF because profits support “proliferation of weapons of mass destruction and their means of delivery, support for terrorism, and both domestic and international human rights abuses.”

Last December, a federal court in the District of Columbia ordered the forfeiture of nearly $12 million connected with Iran’s illicit petroleum industry, involving Triliance Petrochemical Company, the IRGC and Quds Forces. FBI Tampa and Minneapolis were involved in the investigation.

Examples also exist of Iranians making false statements when applying for naturalization, including an Iranian in Tampa indicted last year.

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LA protests continue as judge pulls back CA National Guard ahead of ‘No Kings Day’

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Protests in Los Angeles continued into Thursday night as tensions died down across the West Coast ahead of thousands of anti-Trump demonstrations planned for Saturday — the “No Kings Day” event is set to take place coast-to-coast amid civil unrest nationwide.

The Los Angeles Police Department posted to X as the 8 p.m. curfew went into effect Thursday, reporting that protesters were throwing “bricks, concrete and commercial grade fireworks.” The agency said less lethal munitions have been authorized and “may cause pain and discomfort.

The curfew covers an area where demonstrators have spent days protesting President Donald Trump’s immigration raids and the deployment of the California National Guard. A federal judge blocked his use of the guard late Thursday, but did not rule on the Marines also deployed there.

Gov. Gavin Newsom held a press conference in San Francisco shortly after the ruling, calling out Trump for deploying the guard without his consent. U.S. District Judge Charles R. Breyer’s preliminary injunction takes effect Friday, at which point Newsom will resume control of his National Guard.

“This is what he does. He creates a problem, and then he tries to be a hero in his own Marvel movie. He initiated those raids,” Newsom said of Trump’s actions.  “He significantly increased the scale and scope of those raids. That’s why he wants the National Guard, hundreds and hundreds and hundreds of guardsmen and women, now being dispersed everywhere.”

The Trump administration filed an intent to appeal Breyer’s ruling shortly after. In the meantime, the guard will go back to its regular duties on Friday instead of guarding the federal immigration in downtown Los Angeles, only one day before thousands of protests nationwide against Trump.

According to a press release, the LAPD arrested 71 people for failure to disperse Wednesday night into Thursday morning, and intends to post another update Friday morning. Seven others were also arrested for violating the curfew, and two for assaulting an officer with a deadly weapon.

Protesters filmed live streams on YouTube leading up to the curfew, reporting that some people were arrested and that they heard munitions being fired. Some demonstrators encouraged the group to disperse, adding that escalating things may be what the administration is waiting for.

The Los Angeles Department of Transportation posted to social media Thursday evening that it had cut services short for the day in response to the protests. LAPD vehicles were seen lining the streets, with officers ready to issue arrests in the event of further unrest or curfew violations.

In some live streams, officers were seen issuing arrests just 30 minutes after the 8 p.m. curfew, and in some instances, towing away vehicles. Another protest in Salt Lake City, Utah, kicked off at 6 p.m. on Thursday after the Party for Socialism & Liberation called for demonstrations there.

The Salt Lake Police Department told KSL News Radio that the demonstration of roughly 600 people was mostly peaceful, aside from a damaged Tesla. Officers broke up some fights and remained on scene as it died down around 8:30 p.m., Brian Will with KUTV 2 News reported.

This is a developing story.

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