Court rules in favor of Texas in razor wire case

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

Published on June 12, 2025

Todayville

From The Center Square

By Tim Clouser

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.

Tim Clouser

Reporter

Business

Trump: ‘Changes are coming’ to aggressive immigration policy after business complaints

Published on June 12, 2025

Todayville

From The Center Square

By Brett Rowland

“So we’re going to have an order on that pretty soon – we can’t do that to our farmers and leisure too, hotels, we’re going to have to use a lot of common sense on that.”

President Donald Trump said Thursday that changes are coming to his aggressive immigration policies after complaints from farmers and business owners.

“Our great Farmers and people in the Hotel and Leisure business have been stating that our very aggressive policy on immigration is taking very good, long time workers away from them, with those jobs being almost impossible to replace,” Trump wrote in a social media post Thursday morning. “In many cases the Criminals allowed into our Country by the VERY Stupid Biden Open Borders Policy are applying for those jobs. This is not good. We must protect our Farmers, but get the CRIMINALS OUT OF THE USA. Changes are coming!”

Later Thursday, Trump made it clear that businesses need workers.

“Our farmers are being hurt badly. They have very good workers – they’re not citizens, but they’ve turned out to be great. And we’re going to have to do something about that,” the president said.

He added: “We can’t take farmers and take all their people and send them back because they don’t have, maybe, what they’re supposed to have.”

Just how Trump may change his approach to immigration enforcement remains unclear, but he said he wants to help farmers and business owners.

“You go into a farm and you look and people, they’ve been there for 20 or 25 years and they work great and the owner of the farm loves them and you’re supposed to throw them out. You know what happens? They end up hiring the criminals that have come in, the murderers from prisons and everything else,” Trump said.

Trump said changes would be coming soon, but gave little detail on how policies could change.

“So we’re going to have an order on that pretty soon – we can’t do that to our farmers and leisure too, hotels, we’re going to have to use a lot of common sense on that.”

In a later post on Truth Social, Trump said illegal immigration had destroyed American institutions.

“Biden let 21 Million Unvetted, Illegal Aliens flood into the Country from some of the most dangerous and dysfunctional Nations on Earth — Many of them Rapists, Murderers, and Terrorists. This tsunami of Illegals has destroyed Americans’ Public Schools, Hospitals, Parks, Community Resources, and Living Conditions,” the president wrote. “They have stolen American Jobs, consumed BILLIONS OF DOLLARS in Free Welfare, and turned once idyllic Communities, like Springfield, Ohio, into Third World Nightmares.”

He added that deportations would continue: “I campaigned on, and received a Historic Mandate for, the largest Mass Deportation Program in American History. Polling shows overwhelming Public Support for getting the Illegals out, and that is exactly what we will do. As Commander-in-Chief, I will always protect and defend the Heroes of ICE and Border Patrol, whose work has already resulted in the Most Secure Border in American History. Anyone who assaults or attacks an ICE or Border Agent will do hard time in jail. Those who are here illegally should either self deport using the CBP Home App or, ICE will find you and remove you. Saving America is not negotiable!”