Appeals court rules Texas has right to build razor wire border wall to deter illegal immigration: 'Huge win'

"We continue adding more razor wire border barrier," the Republican leader wrote. 

Wednesday's 2-1 decision by the 5th U.S. Circuit Court of Appeals clears the way for Texas to pursue a lawsuit accusing the Biden administration of trespassing without having to remove the fencing.

It also reversed a federal judge's November 2023 refusal to grant a preliminary injunction to Texas as the state resisted federal efforts to remove fencing along the Rio Grande in the vicinity of Eagle Pass, Texas.

Circuit Judge Kyle Duncan, a Trump appointee during the president-elect's first term, wrote for Wednesday's majority that Texas was trying only to safeguard its own property, not "regulate" U.S. Border Patrol, and was likely to succeed in its trespass claims.

Duncan said the federal government waived its sovereign immunity and rejected its concerns that a ruling by Texas would impede the enforcement of immigration law and undermine the government's relationship with Mexico.

He said the public interest "supports clear protections for property rights from government intrusion and control" and ensuring that federal immigration law enforcement does not "unnecessarily intrude into the rights of countless property owners."

Republican Attorney General Ken Paxton called the ruling a "huge win for Texas." 

"The Biden Administration has been enjoined from damaging, destroying, or otherwise interfering with Texas's border fencing," Paxton wrote in a post on X. "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."

In May, the full 5th Circuit heard arguments in a separate case between Texas and the White House over whether the state can keep a 1,000-foot floating barrier on the Rio Grande.

The appeals court is also reviewing a judge's order blocking a Texas law that would allow state officials to arrest, prosecute and order the removal of people in the country illegally.