Story by Britney Nguyen, Forbes Staff
Texas Attorney General Ken Paxton filed a lawsuit against the Biden Administration for destroying concertina wire the state put along its border with Mexico to stem the flow of migrants coming into the U.S. illegally, his office said in a press release—the latest lawsuit aimed at the White House from Texas officials over differences in immigration policy.
Key Facts
Paxton’s office is arguing U.S. border agents destroyed the wire “to encourage and assist thousands of” migrants “to illegally cross the Rio Grande” into Texas.
He also says in the lawsuit that border agents “attach ropes or cables from the back of pickup trucks” to make it easier for migrants to “climb up the riverbank into Texas.”
The lawsuit accuses the federal government of “illegally” destroying the state’s property, impeding Texas’s security efforts along the border, and “damaging Texas’ ability to effectively deter illegal entry into its territory.”
DHS Secretary Alejandro Mayorkas and Acting Commissioner for Customs and Border Protection Troy Miller are among those named in the suit.
The attorney general filed the lawsuit in the Western District of Texas asking the court to stop federal agents from destroying the wiring.
Neither Paxton’s office, the Department of Homeland Security, nor U.S. Customs and Border Protection immediately responded to a Forbes request for comment on the lawsuit, but a DHS spokesperson told Reuters that border patrol agents should “act when there are conditions that put our workforce or migrants at risk.”
Key Background
Migrant crossings at the U.S.-Mexico border are at a record high, with 2.4 million apprehensions recorded for the 2023 fiscal year. The Biden Administration has touted efforts to decrease the number of illegal crossings at the border, but Texas has filed multiple lawsuits against the administration for interfering in its efforts to deter illegal immigration. In September, a federal judge ruled Texas had to remove a 1,000-foot long buoy barrier it had installed in the Rio Grande to deter migrants from crossing into Texas. The state was also ordered not to install more buoys along the river. In July, the Department of Justice sued Texas and Republican Gov. Greg Abbott for the buoy barrier, saying it violated the federal Rivers and Harbors Appropriation Act. The DOJ also said the barrier obstructed the “navigable capacity of any of the waters of the U.S.” Abbott appealed the order.
Crucial Quote
“Texas has the sovereign right to construct border barriers to prevent the entry of illegal aliens,” Paxton said in a press release.
Tangent
Also in September, Paxton was acquitted on 16 articles of impeachment after being accused by fellow Republicans of misusing his power. The attorney general was accused of helping Nate Paul, a real estate investor in Austin, by providing him a lawyer to investigate complaints against him.