Texas can continue to safeguard its citizens—and its sovereignty, an appeals court has ruled.
Last week the great State of Texas secured another victory in court. The Fifth U.S. Circuit Court of Appeals ruled that Texas has the right to build its concertina-wire border barrier, and to continue to deter illegal immigration into Texas, without federal agents tampering with the barrier.
The feds are “enjoined from damaging, destroying, or otherwise interfering with Texas’s c-wire fence in the vicinity of Eagle Pass, Texas,” the court ruled. “…The injunction is not barred by intergovernmental immunity because Texas is seeking, not to ‘regulate’ Border Patrol, but only to safeguard its own property.”
Under the Biden-Harris administration, the United States has experienced the most dangerous border crisis in our history. Texas rightfully began constructing c-wire along the border as part of Operation Lone Star to deter illegal crossings and allow law enforcement a better chance of stopping human smuggling and drug trafficking.
Unfortunately, federal agents were finding ways to lift or remove the c-wire barrier to allow illegal aliens onto Texas territory, where they would then be processed and released. In response, Texas sued the Department of Homeland Security and Customs and Border Protection.
The court opinion emphasizes how Border Patrol boat patrols near Shelby Park would encourage migrants to continue their walk down the river to the nearest processing facility, bypassing Texas law enforcement.
This is something I witnessed first-hand during my first visit to Shelby Park. After mass illegal entries in the area, Border Patrol agents erected a temporary processing center at the river. The Texas Military Department and Texas Department of Public Safety worked around Border Patrol to try to stop illegal entries, but it was clear that people were continuing to gain access—thanks to federal agents.
While standing on the riverbank, I watched a smuggler guide a small group of about 15 migrants into the river from Piedras Negras. He stayed behind the group the whole time, ensuring they got into Texas. The Texas National Guard soldiers stood behind the c-wire, telling the migrants in English and Spanish that “la frontera esta cerrada” (the border is closed).
The group erupted into crying and shouting, looking back at their smuggling guide in disbelief. The smuggler kept nodding them forward, without any fear of our soldiers right in front of him.
It only took a couple of minutes before a U.S. Border Patrol riverboat pulled up near the group and we could hear them telling the migrants to walk a little further down to the boat ramp. There, USBP would allow them access to cross.
And that they did. I asked the guardsmen and troopers how often that occurred, and they said “almost every day; its defeating.” Surely, it has to be defeating for the Border Patrol agents who actually want to stop illegal immigration as well.
It wasn’t long after my visit that videos went viral of federal agents lifting the c-wire barrier with a tractor.
Despite Texas’ efforts, la frontera no fue cerrada.
But things seem to be turning around. Texas will continue to add barriers where necessary and deploy personnel to the defense of our state. President-elect Donald Trump’s incoming border czar Tom Homan came down south last week with a strong message to Texas:
“We will have your six. [We’re] not going to sue you for doing your jobs, but give you help. You’re not just protecting Texas, you’re protecting the entire country. Game on. Time to get this done.”
Last week’s court decision was just one more step in the right direction. With Texas leading the way and a new, strong administration coming in, we can finally mean it when we say la frontera esta cerrada.