A federal appeals court delivered a major win for Texas in its ongoing struggle to secure the southern border. The 5th U.S. Circuit Court of Appeals ruled that Texas has the right to erect razor wire fencing to deter illegal immigration, a clear signal that the state isn’t waiting for federal permission to do what needs to be done. Governor Greg Abbott, never one to miss an opportunity to call out President Biden’s border blunders, quickly celebrated the ruling, reminding everyone that Washington’s attempts to remove the barriers have been both misguided and utterly ineffective. Texas, it seems, is doubling down on its commitment to defend its borders.
The 2-1 decision represents a turning point in Texas’ legal battle against the Biden administration, which the state has accused of “trespassing” along the Rio Grande near Eagle Pass. By overturning a lower court’s November 2023 decision, the appellate court has effectively handed Texas a green light to continue installing razor wire without federal interference. Judge Kyle Duncan, appointed during Donald Trump’s first term, noted that Texas’ actions were within its rights as a property owner and did not impede U.S. Border Patrol operations. In doing so, the court drew a sharp distinction between state sovereignty and federal overreach, reinforcing Texas’ stance that it has the authority to protect its own territory.
The ruling also dealt a blow to the Biden administration’s objections, rejecting claims that Texas’ border measures would damage U.S.-Mexico relations or complicate immigration enforcement. Judge Duncan stressed the importance of safeguarding property rights against unnecessary government interference, underscoring that the federal government’s approach to border security has failed to respect the rights of landowners. For Texas, this isn’t just a border issue—it’s a broader fight against a federal government many believe has lost control of immigration policy entirely.
Texas Attorney General Ken Paxton hailed the decision as a significant victory, praising the state’s determination to step in where the federal government has fallen short. Governor Abbott echoed this sentiment, emphasizing that the razor wire fencing is here to stay—and that Texas plans to expand it to address gaps created by Washington’s inaction. For the Lone Star State, this ruling is a validation of its proactive approach to tackling the border crisis, even as federal authorities continue to drag their feet.
This latest development is just another chapter in the ongoing tug-of-war between Texas and the Biden administration over border security. While the White House continues to bungle its response to the crisis, Texas has shown that it’s ready and willing to take matters into its own hands. The court’s decision sends a blunt message: if Washington won’t secure the border, Texas will, one roll of razor wire at a time. It’s a stark reminder that when the federal government falters, states have the power—and the resolve—to step up.
