In a heated legal showdown, a panel from the Fifth U.S. Circuit Court of Appeals handed Texas a win in its fight with the Biden administration over concertina wire barriers along the border. The 2-1 ruling could set the tone for other border-related lawsuits.
The majority opinion, written by Circuit Judge Stuart Kyle Duncan and backed by Judge Don Willett, sided with Texas. Judge Irma Carrillo Ramirez dissented, claiming Texas failed to prove its case or overcome the federal government’s immunity.
The lawsuit stems from Texas Governor Greg Abbott’s decision to erect razor wire barriers on state land to block illegal crossings. The Biden administration wasn’t thrilled and argued Abbott’s actions interfered with federal immigration operations. Things escalated when Border Patrol agents—on Biden’s orders—bulldozed the barriers, sparking a Texas lawsuit accusing the federal government of property destruction.
Texas wanted an injunction to stop Border Patrol from cutting the wire, but a district court denied it despite agreeing Texas had valid arguments. The Fifth Circuit, however, reversed that decision, granting the injunction and ruling that the federal government had waived sovereign immunity in this case.
The court also shredded the administration’s claim that Texas was trying to regulate Border Patrol. Instead, it ruled Texas was within its rights to protect state property. The injunction now bars federal agents from messing with Texas’ razor wire fencing, especially in areas like Eagle Pass, where Abbott has gone all-in on border security under Operation Lone Star.
Abbott was quick to celebrate. “The federal court of appeals just ruled that Texas has the right to build the razor wire border wall,” he said, adding that Texas would continue expanding its barriers. Attorney General Ken Paxton also chimed in, calling it a “huge win” for Texas sovereignty.
With the Biden administration winding down and Trump poised to take office, the case likely won’t see further appeals. Meanwhile, the Fifth Circuit is gearing up for two more Texas border cases, including one over floating marine barriers. Stay tuned—this legal saga is far from over.
