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Texas AG Ken Paxton sues DHS over illegal immigrant entry via cut razor wire fence.

Republican Texas Attorney ‌General Sues DHS for Destroying Razor-Wire ‌Barriers

Republican Texas Attorney General⁤ Ken Paxton has taken legal action against the ⁣U.S. Department of⁤ Homeland Security ⁢(DHS) for cutting through and destroying razor-wire barriers that Texas officials have installed along the ‌southern border to deter illegal crossings.

Mr. Paxton filed a lawsuit ​ in ⁣Texas’ western federal court ​district on⁣ Tuesday, naming the DHS, DHS Secretary⁤ Alejandro Mayorkas, the ‌U.S. Customs and Border Protection (CBP), and the U.S. Border Patrol as defendants in the case.

This lawsuit comes as Republican ⁢Texas Governor Greg ​Abbott has launched Operation Lone Star, an ​effort to ⁢prevent illegal border ​crossings. As part ‍of this operation, the Texas⁤ Department of Public Safety and the Texas National ⁤Guard have set up concertina razor-wire barriers along the ​Rio Grande.

In June, Border Patrol agents were caught on video cutting through ⁢the rows ⁣of razor wire ⁣and holding the wire fencing aside ​to ‌allow a group of‍ illegal immigrants to set foot on Texas ⁣soil.

According to⁤ the complaint, incidents like the one ⁢in June have continued. The‍ lawsuit specifically claimed CBP personnel created ⁢numerous breach points along these rows of razor wire⁢ near Eagle Pass, Texas,‌ in September and October, as the town began dealing ‌with a surge⁤ of illegal immigrants.

The lawsuit ‍alleges CBP personnel ⁢have ​also begun ​attaching ropes to their pickup trucks to throw to ‍illegal border crossers to help them climb up at steep points on the riverbanks‍ on the​ Texas side of the​ Rio Grande.

The ⁢lawsuit accuses the various defendants of⁤ destroying Texas’ property by cutting‌ and removing the fences.

The lawsuit also accuses the defendants of‌ “trespass to chattels”—a legal term describing ​one⁣ party’s interference with ‌a second party’s ability to use⁤ its⁢ property.

The lawsuit also argues the various defendants exceeded their legal authority by cutting and moving aside the razor wire barriers.

“No statute authorizes Defendants to destroy and⁤ seize border ⁤infrastructure‌ belonging ‍to another sovereign in order to facilitate unlawful​ entry of aliens into the United States,” the complaint reads.

A migrant from Venezuela prays as he⁤ waits for a U.S. Border Patrol agent to cut ⁣the razor wire after he crossed the ⁤Rio Grande to Eagle Pass, Texas, on Sept. 24, 2023. (Andrew Caballero-Reynolds/AFP via Getty Images)

The lawsuit further argues that the DHS is bound‌ by the Administrative Procedures Act to give notice and allow for‍ public comment before cutting⁣ and removing the razor wire barriers.

Mr. Paxton is seeking an⁤ injunction to​ prevent DHS personnel from continuing to⁢ cut through Texas’ razor wire barriers for the duration of the lawsuit and ‍is asking for ​a judge to ultimately rule that the‍ efforts by DHS personnel to cut through Texas’ razor wire‍ barriers‌ are unlawful.

“Texas⁤ has ‌the sovereign right to construct border barriers⁣ to prevent⁤ the entry of ‌illegal aliens,” ⁢Mr.⁣ Paxton said on Tuesday‍ as he announced the lawsuit.

“Americans across‍ the country were horrified to⁣ watch Biden’s open-border ​policy ​in action: agents were physically cutting wires and assisting the aliens’ entry into our ⁤state. This is⁢ illegal. It puts ⁣our country and our citizens at risk. The courts must put a​ stop to it, ‍or​ Biden’s free-for-all will make this crushing ‌immigration crisis even worse.”

U.S. Border Patrol agents ⁢cut‍ an opening in razor wire at the U.S.-Mexico border early in Eagle ⁣Pass, Texas, on ⁢Sept. 29,⁤ 2023. (John Moore/Getty Images)

In response to an NTD ‍News request for comment, a‌ DHS spokesperson said the department does not comment on pending litigation but said Border Patrol agents generally have ‌a‍ responsibility ‌to⁣ take illegal⁢ border crossers into custody once⁤ they set⁢ foot on U.S. soil.

The DHS spokesperson said federal border officials are also generally required to act “when there are ⁤conditions that put our workforce​ or migrants at risk.”

In a ⁢statement following‌ the June wire-cutting⁣ incident, a CBP spokesperson similarly‍ told NTD News⁢ that federal border personnel were acting in line with their duties to apprehend and process people who had already crossed‍ over to the U.S. side ‌of the Rio ⁤Grande.

“The individuals had already crossed the Rio Grande from Mexico, ⁢were on U.S. soil, and are ⁤subject to U.S. immigration ⁢laws,” the CBP ‍spokesperson said at the‌ time​ of the ⁤June incident.

“Individuals⁣ who cross unlawfully​ will be ⁢subject to the lawful pathways rule, ​which places common-sense conditions on asylum eligibility, with certain exceptions. Those who do not ​establish a legal basis to remain in the United States will be removed.”

The “Circumvention of ⁤Lawful Pathways Final Rule” or “lawful pathways rule” stipulates that migrants who try to enter the United ⁤States at any point other‌ than a⁣ designated port⁣ of entry‍ face a presumption of ineligibility for entry into the United States. ⁤This presumption of ineligibility is rebuttable, but those who⁣ fail to make their case and are ordered removed are barred from reentry ⁣into ‍the United States for at least⁢ five ‍years.

From NTD News.

What date was the article about⁣ Texas deploying more troopers ​published

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