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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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.

Texas DPS spokesman confirms to Glenn Beck that the Lone Star State 'is not backing down' and is laying more wire



The U.S. Supreme Court decided Monday that the Biden administration can take down the razor wire that Texas has installed along its southern border. The Lone Star State has evidently taken the ruling as a challenge to install even more.

Lt. Chris Olivarez, spokesman for the Texas Department of Public Safety, told nationally syndicated radio host and co-founder of Blaze Media Glenn Beck Wednesday that "nothing has changed" in the wake of the high court's 5-4 ruling where the Texas DPS and National Guard are concerned.

"We're still continuing operations at Shelby Park. We still have restricted access to Border Patrol in that area," said Olivarez. "And, in fact, the National Guard is installing more barriers, more concertina wire, more fencing along the river to make it challenging and discourage illegal crossings. Texas is not backing down."

Blaze News previously reported that Texas officials were spotted after the Supreme Court decision installing new razor wire and anti-climb fences in Eagle Pass, a border city home to the controversial municipal park that the Lone Star State seized on Jan. 10.

Last month, thousands of illegal aliens were observed entering the country daily via Eagle Pass. NewsNation reported that over 4,000 migrants crossed into the area on Dec. 18, 2023, alone.

2.47 million, 2.37 million, and 1.73 million illegal aliens entered the United States in fiscal years 2023, 2022, and 2021, respectively. Well over 500,000 have already stolen across the border this fiscal year.

Gov. Greg Abbott pre-empted Olivarez's confirmation with a tweet Wedesday noting, "Texas' razor wire is an effective deterrent against the illegal border crossings encouraged by Biden's open border policies. We continue to deploy this razor wire to repel illegal immigration."

The Texas Military Department appears to be on the same page as the DPS and governor, having announced Tuesday it would "hold the line in Shelby Park to deter and prevent unlawful entry into the State of Texas."

Lt. Olivarez underlined the urgency of Texas' continuing efforts, telling Beck that criminal elements are "exploiting the current situation, but yet, our own federal government is not doing anything to stop it. And, of course, when Texas steps up, we're criticized for what we're doing."

"We want to stop those public safety and national security threats. Just today, Border Patrol released [that] there was over 96,000 known gotaways since Oct. 1 for this fiscal year," continued Olivarez. "Those are individuals that have made it into the country right now and we don't know where they're at, what their intentions are. ... You can only imagine the type of people in the country right now that have been able to get away. The threat is here."

U.S. Customs and Border Protection told Fox News Wednesday that nearly 100,000 illegal aliens crossed the border and disappeared into the U.S. since October — at a rate of nearly 800 per day.

According to the agency's enforcement statistics, 169 individuals on the terror watch list were apprehended at the southern border last year; 30 on the watchlist have been apprehended since October.

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Texas responds to Supreme Court ruling by adding more razor wire along border: 'Hold the line'



The U.S. Supreme Court sided with the Biden Department of Homeland Security Monday, allowing federal border officials to cut the razor wire Texas has installed along stretches of the Rio Grande as a means of securing the southern border and protecting American sovereignty.

Rather than cave in the wake of the 5-4 decision — which had nominally conservative Justices John Roberts and Amy Coney Barrett in the majority — the Lone Star State has doubled down and installed more wire.

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The Texas Military Department indicated it would "hold the line in Shelby Park to deter and prevent unlawful entry into the State of Texas. We remain resolute in our actions to secure our border, preserve the rule of law, and protect the sovereignty of our State."

Shelby Park is a 47-acre municipal park in Eagle Pass where hordes of illegal aliens have entered the U.S. in recent months and years. The state seized control of the park on Jan. 10. In addition to fencing the perimeter and improving shoreline barriers, the state ousted federal agents, allowing them entry only in specific circumstances.

"Texas has the legal authority to control ingress and egress into any geographical location in the state of Texas, and that authority is being asserted with regard to that park in Eagle Pass, Texas, to maintain operational control of it," Texas Gov. Greg Abbott said of the move.

In the weeks since, the Biden administration has been working through the courts to regain entry to the park and dismantle the defenses therein.

NewsNation reported that following the Monday Supreme Court ruling, Texas officials have been spotted installing new razor wire and anti-climb fences. Federal agents have not yet been seen attempting to enter Shelby Park to cut the wire.

Footage shared to X by CBS News' Camilo Montoya-Galvez appears to show Texas National Guard soldiers setting up more wire in Eagle Pass to help curb the influx of foreign nationals into the country.

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Rep. Randy Weber (R-Texas) championed Texas' apparent installation of additional razor wire, telling NewsNation, "Quite frankly, I think that Gov. Abbott needs to tell the federal government to stay out of Texas, in my opinion. They're not protecting the border, they've done a lousy job as an administration, they're not putting the policies in effect that need to be there to deter people from coming."

Following the Supreme Court's ruling, Abbott wrote, "This is not over. Texas' razor wire is an effective deterrent to the illegal crossings Biden encourages. I will continue to defend Texas' constitutional authority to secure the border and prevent the Biden Admin from destroying our property."

The Texas National Guard continues to hold the line in Eagle Pass.\n\nTexas will not back down from our efforts to secure the border in Biden\u2019s absence.
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"The Supreme Court's temporary order allows Biden to continue his illegal effort to aid the foreign invasion of America," Texas Attorney General Ken Paxton said of the ruling. "The destruction of Texas's border barriers will not help enforce the law or keep American citizens safe. This fight is not over, and I look forward to defending our state's sovereignty."

Rep. Chip Roy (R-Texas) blasted the interlocutory order, writing, "This opinion is unconscionable and Texas should ignore it on behalf of the [Border Patrol Union] agents who will be put in a worse position by the opinion and the Biden administration's policies."

The Border Patrol Union indicated the removal of wire would "undoubtedly encourage more illegal immigration" and hinder Border Patrol agents' efforts to target criminal elements crossing the border illegally.

"The administration no doubt will say this is a win for border security, but if they sought rank and file input, they would be told this will do the exact opposite," the union said in a statement. "Agents support what Texas was trying to accomplish in the absence of true border security policies from this administration."

"I think it's disgraceful," Texas Sen. Ted Cruz (R) told the Messenger. "And it is unfortunately the manifestation of the Biden administration actively fighting against the state of Texas to try to prevent Texas from securing our border."

Blaze News previously reported that the Biden White House alternatively celebrated the decision, stressing the wire "got in the way."

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Texas seizes riverfront park in Eagle Pass to curb onslaught of illegal aliens



Texas seized control of a 47-acre municipal park in Eagle Pass Wednesday evening under an emergency declaration from Republican Gov. Greg Abbott in an effort to stem the flood of illegal aliens into the state. Shelby Park, which was previously privatized as part of Operation Lone Star, adjoins a high-traffic portion of the Rio Grande where Abbott deployed his floating wall to the Biden administration's chagrin.

Along with the public and illegal aliens, federal Border Patrol agents are not permitted to enter the park except to remove their remaining equipment and supplies.

"As caravans of migrants are moving through Mexico toward the U.S. border, we are making clear that Texas will be a tough place to cross," Abbott said Thursday evening.

The move came one month after the renewal of Abbott's May 2021 border disaster declaration and just days after Homeland Security Secretary Alejandro Mayorkas made the shocking admission that federal immigration authorities release over 85% of the illegal aliens they detain.

Eagle Pass Mayor Rolando Salinas noted in a video shared to Meta Wednesday evening that he received a call from Victor Escalon, South Texas regional director for the Texas Department of Public Safety, indicating the state planned to take "full control" of the park. Sure enough, Humvees rolled in just before midnight and state agents blocked entrances to the park, reported Texas Public Radio.

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"They tell me that the mission is to prevent undocumented people from crossing into Eagle Pass," Salinas said during a press conference Thursday. "That is not something that the city wanted, requested, asked for."

Under the direction of the DPS, Salinas reportedly signed an affidavit in June 2022 declaring Shelby Park his personal property, enabling the state to close the park to the public, to install defensive wire and obstacles along the riverbank, and to arrest illegal aliens caught skirting through.

While the Eagle Pass City Council voted in August 2023 to rescind the affidavit, wresting the park from Operation Lone Star and making it public once again, Salinas reinstated the authorization for the DPS one month later and signed a declaration of emergency over the migrant crisis.

Salinas indicated Thursday he was told that the state was taking control of the park "indefinitely" under the border disaster declaration.

Abbott spokeswoman Renae Eze said in a statement obtained by The Hill, "Texas is holding the line at our southern border with miles of additional razor wire and anti-climb barriers to deter and repel the record-high levels of illegal immigration invited by President Biden's reckless open border policies. Instead of enforcing federal immigration laws, the Biden Administration allows unfettered access for Mexican cartels to smuggle people into our country."

"Texas will continue to deploy Texas National Guard soldiers, DPS troopers, and more barriers, utilizing every tool and strategy to respond to President Biden's ongoing border crisis," added Eze.

The Hill indicated Customs and Border Protection officials did not respond to requests for comment.

The National Border Patrol Union said in a statement obtained by Fox News' Bill Melugin, "Governor Abbott is not harming Border Patrol operations, he is enhancing them. His seizing control of Shelby Park allows our agents to deploy to troubled spots that experience high numbers of gotaways. Governor Abbott’s actions should be seen as a force multiplier."

The Texas Military Department stated, "The Texas National Guard has maintained a presence with security points and temporary barrier in Shelby Park since 2021. The current posture is to prepare for future illegal immigrant surges and to restrict access to organizations that perpetuate illegal immigrant crossings in the park and greater Eagle Pass area."

Over 300,000 illegal aliens stole into the U.S. in December, the highest monthly tally on record, reported CBS News. Not including border crossings this month or the multitudes of migrants whose entries have already gone unreported, that puts the total for this fiscal year at over 800,000.

2.47 million, 2.37 million, and 1.73 million illegal aliens entered the United States in fiscal years 2023, 2022, and 2021, respectively.

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