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Texas scores major win as judge issues order blocking Biden from destroying state's border fence

Texas argued the federal government violated the law when is tried to destroy a concertina wire fence.

Published: October 30, 2023 1:15pm

Updated: October 30, 2023 6:21pm

A federal judge issued an extraordinary temporary restraining order Monday barring the Biden administration from destroying or tampering with a temporary concertina wire fence installed by Texas to protect its border with Mexico.

Chief U.S. District Judge Alia Moses, in Del Rio, ruled Texas had a likelihood of prevailing in its lawsuit and would suffer significant harm if federal officials were allowed to keep dismantling the fence.

The decision dealt a stinging rebuke to Homeland Security Secretary Alejandro Mayorkas and was a win for states seeking to enforce border security on their own in the absence of help from the federal government.

More than 10 million immigrants have illegally entered the United States under President Joe Biden's policies, federal data shows.

"The Plaintiff preliminarily establishes that it would face irreparable harm without a temporary restraining order," Moses declared in an 11-page decision.

"The Court shall grant the temporary relief requested, with one important exception for any medical emergency that mostly likely results in serious bodily injury or death to a person, absent any boats or other life-saving apparatus available to avoid such medical emergencies prior to reaching the concertina wire barrier," the court added.

You can read the full ruling here:

Appearing on the "Just the News, No Noise" television show, former Texas GOP Rep. Mayra Flores on Monday celebrated the decision, but insisted that addressing the surge in border crossings would require more substantial policy change.

"We need a border wall. But like I mentioned earlier, it's a policy problem," she said. "We can send funding resources and even hire more Border Patrol agents. But if we don't allow them to enforce the law, and we don't put in the right policies, this humanitarian crisis is not going to stop and it's now a national security crisis."

"I believe that we're going to continue to see numbers, high numbers of people crossing illegally into our country, because the Biden administration continues to encourage illegal immigration," she continued. "And while the people in Venezuela and Latin America and all over the world keep hearing that if they come here to the United States, they will be allowed to stay, they will continue to come and once they're here, they'll claim asylum, and it hurts those people who actually do have a legitimate asylum claim, because the majority are claiming asylum."

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