A federal judge in the Western District of Texas issued a Temporary Restraining Order against the Biden administration prohibiting the “disassembling, degrading, tampering with” border barriers put in place by the State of Texas. The move comes after multiple reports of Border Patrol agents cutting the concertina wire barriers put in place by order of the governor of Texas.

Texas Attorney General Ken Paxton and the Texas Public Policy Foundation filed a lawsuit against the U.S. Department of Homeland Security, U.S. Customs and Border Protection, the U.S. Border Patrol, and multiple Biden administration appointees to stop the federal government’s interference in the State of Texas’ efforts to stop illegal border crossings.

Border Patrol Agents Cut Razor Wire in Eagle Pass. (Randy Clark/Breitbart Texas)

U.S. District Judge Alia Moses granted a Temporary Restraining Order (attached below) directing the federal government from “disassembling, degrading, tampering with, or
transforming” border barriers put in place by the State of Texas under Governor Greg Abbott’s Operation Lone Star. The judge carved out a small exception where the federal government my “take immediate action to obtain medical attention” for a migrant in distress or who suffered injury.

“This Order therefore includes a narrow exception to permit the Defendants to move or cut the concertina wire to aid individuals in medical distress, as noted above,” the judge noted.

Judge Moses’ order states there is a “public interest” that “demands effective measures to prevent the illegal entry of aliens at the Mexican border.”

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The order explains that the actions of the federal government in cutting or removing the concertina wire border barriers “facilitate rather than prevent unlawful conduct.”
The order by Judge Moses expires on November 13, unless extended by the Court at a later time. A preliminary injunction hearing is scheduled for November 7.

Breitbart Texas reported in July that Border Patrol agents cut through the razor wire near Eagle Pass, Texas, to allow migrants to enter the United States. A source within U.S. Customs and Border Protection told Breitbart Texas’ Randy Clark an internal memo put in place during the 2021 Haitian migrant crisis requires agents to allow migrants who cross the Rio Grande to make entry into the U.S.

Migrants breach wire border barrier in Eagle Pass, Texas. (Randy Clark/Breitbart Texas)

Because of the damage to the wire caused by the cuttings implemented by Border Patrol agents, two Texas National Guardsmen offered to cut the wires to make repair easier. Those Guardsmen and two supervisors were disciplined by the State of Texas and removed from their Operation Lone Star duties.

Border Patrol agents in the five Texas-based Border Patrol sectors apprehended more than 2.6 million migrants during the past two fiscal years. The number of migrants apprehended during this period exceeds the city of Houston’s population by more than 300,000 people, Breitbart reported.

Border Patrol agents assigned to the Rio Grande Valley, Laredo, Del Rio, Big Bend, and El Paso Sectors apprehended 1,216,501 migrants during the recently ended Fiscal Year 23. One year earlier, agents in these Texas-based border sectors apprehended 1,395,690 migrants.

This brings the total number of migrants apprehended to 2,612,191 during the past two fiscal years, according to the CBP Nationwide Encounters Report. This exceeds the population of the city of Houston (2,302,878) by more than 309,000 people — slightly less than the city of Corpus Christi.

Bob Price is the Breitbart Texas-Border team’s associate editor and senior news contributor. He is an original member of the Breitbart Texas team. Price is a regular panelist on Fox 26 Houston’s What’s Your Point? Sunday-morning talk show. Follow him on Twitter @BobPriceBBTX.

Signed TRO TX vs DHS Border Barrier Removal