Appeals court hands Texas a big victory, making it harder for Biden admin to let in illegal aliens



The U.S. Court of Appeals for the Fifth Circuit handed the Lone Star State a big win Wednesday, barring the Biden administration from "damaging, destroying, or otherwise interfering with Texas's c-wire fence in the vicinity of Eagle Pass."

The Biden administration has worked feverishly in recent years to hinder the state's efforts to secure its southern border with Mexico. These efforts have focused in large part on Shelby Park, a 47-acre municipal park in Eagle Pass where hordes of illegal aliens have stolen into the homeland.

The question of whether state troopers and members of the Texas National Guard could lay nearly 30 miles of concertina wire in the area has been batted around the courts for over a year.

The Fifth Circuit Court issued a temporary order in December 2023 prohibiting the Biden administration from cutting wire except when faced with medical emergencies. The following month, the U.S. Supreme Court vacated the order and kicked the matter back down to lesser courts.

Although the legal dispute was far from settled, Texas lay wire anyway, citing its need and responsibility to "maintain operational control."

The installation of nearly 70,000 rolls of razor wire in Eagle Pass along with fencing and shoreline barriers apparently helped make an immediate difference. According to the Media Research Center, after closing off Shelby Park in January, the number of illegal alien encounters dropped 325% from the previous month and 41% from January 2023.

Federal agents responded to the reinforcement of the border by cutting through the wire on multiple occasions —something the Border Patrol union stated would "undoubtedly encourage more illegal immigration" and hinder Border Patrol agents' efforts to target criminal elements crossing the border illegally.

'This is a good win for Texas, a good win for the country.'

Texas Attorney General Ken Paxton, rumored to be under consideration by President-elect Donald Trump for the next FBI director, sued the Biden administration in October, accusing Border Patrol of illegally destroying state property when helping foreign nationals flout American law.

Paxton's lawsuit indicated further that federal agents "not only cut Texas' concertina wire, but also attach[ed] ropes or cables from the back of pickup trucks to ease" illegal aliens to steal into the country, reported the Texas Tribune.

District Judge Alia Moses granted the state temporary relief, allowing federal officials to cut wire only in cases of life-threatening medical emergencies.

The Fifth Circuit Court of Appeals issued a 2-1 opinion Wednesday granting Texas a preliminary injunction against the Biden administration. Circuit Judge Kyle Duncan, who was nominated to the court by President-elect Donald Trump, noted in the majority opinion:

The injunction is not barred by intergovernmental immunity because Texas is seeking, not to "regulate" Border Patrol, but only to safeguard its own property. Nor, for similar reasons, is the injunction barred by the Immigration and Nationality Act ("INA"). Finally, Texas has satisfied the injunction factors from Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (2008). Most importantly, the United States does not even contest that Texas has shown it will likely succeed on its state law trespass claims.

The court noted that while the Biden administration contends that the concertina wire poses a risk to human safety, the administration's own behavior does as well as it has "facilitated and encouraged aliens to 'undertake the dangerous task of crossing the river.'"

The court also rejected the Biden administration's argument that the Lone Star State's fencing undermines international relations, adding that "concerns about international relations do not erase property owners' rights over thousands of square miles along the border."

The lone dissenter on the court was a Biden-nominated judge, Irma Carrillo Ramirez.

The ever-defiant Republican Gov. Greg Abbott noted in response to the ruling that Texas will "continue adding more razor wire border barrier."

Paxton called the result a "huge win for Texas," tweeting, "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."

"It was shocking to me that the federal government would go out of their way to cut razor wire to allow illegals to cross when we're just trying to protect our own land," Paxton reportedly told Newsmax Wednesday evening. "This wasn't their land. This was our land, our private property. It had nothing due to the federal government. So this is a good win for Texas, a good win for the country, that this court recognized our ability to protect our land."

The Tribune noted that a spokesman for the U.S. Department of Homeland Security did not respond to its request for comment.

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Arizona residents to vote on whether local police can arrest illegal aliens who cross unlawfully



On Tuesday, the Arizona Supreme Court ruled that a proposal that would make crossing the Arizona-Mexico border unlawfully a state crime will appear on the upcoming November ballot for residents.

The Arizona Immigration and Border Law Enforcement Measure, Proposition 314, would allow state and local police officers to arrest and detain illegal aliens who have crossed into the United States in between ports of entry. It would also empower judges to order deportations.

'Like the Texas bill, only stronger.'

Additionally, it would make it a Class 2 felony — punishable by up to 10 years behind bars — to sell fentanyl to an individual that results in their death.

If voters pass the proposal on November 5, the E-Verify program would be required to determine an individual's citizenship status before enrolling in financial aid or public welfare programs. Individuals who provide false information or fraudulent documents to an employer or use them to apply for public benefits could be charged with a Class 6 felony.

Opponents attempted to block the proposal from appearing on the ballot, arguing that it is unrelated to immigration enforcement, the fentanyl problem, and public benefit regulations. However, a lower court rejected those claims.

Critics of the measures also contended that the proposal covers more than one subject, but Arizona Supreme Court Chief Justice Ann A. Scott Timmer disagreed, stating that it conforms to the single-subject rule, the Associated Press reported.

Arizona Proposition 314 is similar to Texas' Senate Bill 4, which was signed into law by Governor Greg Abbott in December but has since been tied up in the courts due to a legal challenge from the federal government. SB4, if allowed to go into effect, would permit state and local law enforcement officers to arrest, detain, prosecute, and deport illegal aliens.

Arizona State Senator Justine Wadsack (R) stated that Proposition 314 “is like the Texas bill, only stronger.”

Since Texas introduced the legislation, and despite the legal challenges from the Biden-Harris administration, several states, including Oklahoma, Iowa, and Louisiana, have attempted to pass similar measures.

The federal government also lodged a lawsuit against Texas for installing concertina wire along the southern border to deter illegal crossings. Abbott stated that Texas has moved forward with installing additional razor wire barriers in Eagle Pass and El Paso.

"Operation Lone Star engineers install more razor wire near Shelby Park," Abbott said. "Texas will continue to hold the line and bolster our border security efforts to protect Texans—and Americans—from the Biden-Harris border crisis."

Meanwhile, Border Patrol agents in the El Paso sector have recently warned about an increase in attacks on agents. From October 2023 through August 9, 2024, the sector reported 66 assaults against Border Patrol officers.

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Texas' buoy barrier to deter illegal crossings can remain in Rio Grande, court rules



On Tuesday, the U.S. Court of Appeals for the Fifth Circuit ruled that Texas may keep its water barrier in the Rio Grande.

Last summer, Texas Gov. Greg Abbott (R) announced his administration's plan to install a 1,000-foot floating fence in the river in response to the Biden administration's refusal to secure the southern border. The barrier consists of interconnected inflatable sphere buoys, four feet wide, that spin when grabbed to prevent individuals from climbing over.

'Biden tried to remove them. I fought to keep them in the water.'

Abbott said that the water barrier would be placed near Eagle Pass, a highly trafficked area of the border. The governor also placed concertina wire along the Rio Grande near Eagle Pass to further deter unlawful crossings.

The Biden administration entered into a legal battle with the state over its attempts to stem the illegal immigration crisis, filing lawsuits against Texas' installation of the concertina wire and the buoy wall. Biden's Department of Justice claimed that Texas violated federal law by not obtaining authorization to install the barrier. It further alleged that the buoys present environmental and safety concerns.

On Tuesday, the Fifth Circuit Court of Appeals determined that the marine barrier may stay for now, reversing a lower court's injunction that ordered its removal. The broader case will return to a district court in Austin next week.

Following the court's latest ruling, Texas Attorney General Ken Paxton (R) announced, "The 5th Circuit Court of Appeals has ruled in Texas's favor, finding that the federal district court abused its discretion when it ordered Texas to remove the buoys floating in the Rio Grande that prevent aliens from attempting a dangerous river crossing to enter America illegally. The buoys can remain in the river. I will continue to defend Texas's right to protect its border from illegal immigration!"

Abbott called the court's Tuesday decision "justice."

"Biden tried to remove them. I fought to keep them in the water. That is exactly where they will stay," Abbott said.

Abbott's interventions to curb the border crisis were deployed as part of the governor's Operation Lone Star, a joint effort between the Texas Department of Public Safety and the Texas National Guard. According to the governor, the effort has resulted in more than 516,600 illegal alien apprehensions and over 45,500 criminal arrests.

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‘Alligators are in the Rio Grande’: Texas Gov. Abbott warns would-be illegal aliens about risks of crossing border river



Texas Republican Gov. Greg Abbott recently warned would-be illegal aliens who are considering crossing the Rio Grande to enter the United States unlawfully that the water is infested with alligators.

Abbott re-shared a video post on X that showed an alligator in the river near Eagle Pass, Texas. According to the post, the footage was captured by a local resident who came across the reptile while fishing one morning.

Independent journalist Auden B. Cabello noted that Border Patrol agents have also previously confirmed alligator sightings in the river.

Abbott wrote on Sunday in response to the video, “Alligators are in the Rio Grande. FYI there are warning signs posted in some sectors. Cross at your own risk.”

Alligators are in the Rio Grande.\n\nFYI there are warning signs posted in some sectors.\n\nCross at your own risk.
— (@)

Last year, the governor shared a similar video of the creature lurking alongside a Texas National Guard boat before disappearing under the water.

“The Texas National Guard took this picture in the Rio Grande river near Eagle Pass,” Abbott said.

The Texas National Guard took this picture in the Rio Grande river near Eagle Pass.
— (@)

Abbott’s office issued a press release last week stating that its multi-agency Operation Lone Star effort is still working together to “fill the dangerous gaps” in the border wall, including installing concertina wire in El Paso.

Spc. Newman Gideon with the Texas National Guard stated, “My responsibility on the border is to provide security for the teams going in and clearing out brush to make way for more concertina wire.”

“If there’s a hole that’s already been cut, we are going to take pliers and wire cutters to repair and close that gap [illegal immigrants] created. It’s important that [the Texas National Guard] is here to stop migrants crossing into the United States,” he added.

Abbott recently shared a video showing the continued construction of the border wall in Zapata County.

“Texas won’t back down,” Abbott wrote on X. “We are using every tool available to secure the border in Biden’s absence.”

Construction continues on the Texas border wall in Zapata County.\n\nTexas won\u2019t back down.\n\nWe are using every tool available to secure the border in Biden\u2019s absence.
— (@)

The state is also working to build the Forward Operating Base near Eagle Pass to provide housing to the thousands of Texas National Guard troops assisting with the ongoing crisis at the southern border.

So far, the governor’s Operation Lone Star has led to the apprehension of nearly 510,000 illegal migrants and the arrests of another roughly 42,100 criminals. Additionally, the operation has seized more than 476 million lethal doses of fentanyl.

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WTF: US patron booted from American Airlines flight to make room for illegal immigrant



U.S. children are being kicked out of schools to make room for illegal immigrants. Airports and other spaces are being repurposed to house illegal immigrants. American taxpayer dollars are being used to provide care and resources for illegal immigrants.

You get the picture: illegal immigrants > American citizens.

Unfortunately, it doesn’t look like the pattern will shift anytime soon, at least while Biden remains in office.

“I could not believe what I was watching this morning when I was on Twitter,” says Sara Gonzales before playing a clip of the local news report she stumbled across.

“Airline passengers are advised to check in with your Airlines mobile app as soon as possible — up to 24 hours in advance — and arrive at the airport with at least two hours before your plane takes off. That's because asylum seekers illegally released by the Department of Homeland Security are waiting on standby for seats, and if you aren't at the boarding gate when agents start to fill empty seats, you could be bumped,” a reporter warned.

She goes on to tell the story of one patron who “had trouble checking in on the American Airlines app” but still “arrived at the airport an hour before his flight” only to find out “had been bumped from the flight.”

Sara, who’s outraged by the situation, has witnessed firsthand how illegal immigrants are given priority at airports (and everywhere else).

“They get priority through TSA ... they get to take your seat on the plane, and then they get to come to a city near you where they get to keep your kids out of school because they get a cot in your kids’ school,” she says, referring to the many incidents of American children being forced out of school to house illegal immigrants.

“The state has to be paying these airlines in some capacity,” adds BlazeTV contributor Eric July. “That’s the only reason they would bump somebody off of a plane ... They’re getting their pockets lined."

In addition to Americans being treated as second-class citizens, there’re also serious implications to consider as the 2024 presidential election draws nearer.

“What does a legitimate election even look like with 50/60/70 million illegal immigrants in your country?” asks Blaze Media digital strategist Logan Hall.

To hear more of the conversation, watch the clip below.


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Will The Kickapoo Tribe Be Dragged Into The Abbott-Biden Fray Over Illegal Immigration?

[rebelmouse-proxy-image https://thefederalist.com/wp-content/uploads/2024/02/Screenshot-2024-02-15-at-6.59.28 AM-1200x675.png crop_info="%7B%22image%22%3A%20%22https%3A//thefederalist.com/wp-content/uploads/2024/02/Screenshot-2024-02-15-at-6.59.28%5Cu202fAM-1200x675.png%22%7D" expand=1]With Abbott shutting down Shelby Park in Eagle Pass, illegal border crossings are spiking down the road on tribal lands.