On November 27, 2024, a divided U.S. appeals court issued a ruling that prevents the Biden administration from dismantling razor-wire fencing installed by Texas along its border with Mexico. This decision comes as Texas pursues a lawsuit alleging federal authorities are trespassing.
The New Orleans-based 5th U.S. Circuit Court of Appeals, in a 2-1 decision, overturned a previous ruling by a federal judge who had stated that Texas's trespassing law could not be applied to the federal government. The appeals court determined that Texas is entitled to a preliminary injunction, asserting that the state is merely protecting its own property rather than attempting to regulate Border Patrol operations.
Republican officials have criticized President Biden for the rise in illegal crossings at the U.S.-Mexico border. The administration is currently engaged in multiple legal disputes with Texas and other states that are implementing measures to deter illegal immigration.
In related legal matters, the full 5th Circuit previously heard arguments regarding Texas's attempt to maintain a floating barrier in the Rio Grande. Additionally, the court is reviewing a lower court's ruling that blocks a Texas law allowing state officials to arrest and prosecute individuals in the country illegally. Concurrently, the Biden administration has filed lawsuits against Iowa and Oklahoma for enacting similar laws, which it argues disrupt federal immigration enforcement.