Federal Judge Issues Emergency Restraining Order Against Biden Administration

A Federal judge has just issued an emergency restraining order against the Biden adninstraion that prohibits the Department of Homeland Security and U.S. Border Patrol from tampering, degrading or disassembling wire barriers set up by Texans at the border.

Federal Judge Alia Moses granted the Texas’s request for a  restraining order against the Biden admin but she did leave a small exception for the Biden admin to be allowed to cut wire.

Judge Alia Moses ruled “The Court shall grant the temporary relief requested, with one important exception for any medical emergency that most 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.”

Take a look:

🚨BREAKING: Federal judge issues emergency restraining order against Biden Administration that bars DHS and border patrol from “disassembling, degrading, tampering with” Texas wire barriers at the border

Massive win for @KenPaxtonTX 🇺🇸 pic.twitter.com/QmpDuQsi3L

— Benny Johnson (@bennyjohnson) October 30, 2023

Per ABC News:

A federal judge has temporarily barred the federal government from removing or cutting concertina wire Texas authorities have placed in areas near the U.S. – Mexico border.

Judge Alia Moses granted the state’s request for a temporary restraining order as part of a lawsuit Texas filed last week, but left an exception if cutting the wire would prevent “serious bodily injury or death.”

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“The Court shall grant the temporary relief requested, with one important exception for any medical emergency that most 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,” Judge Moses wrote in the filing on Monday.

The temporary restraining order is part of a lawsuit that Texas filed last week against key Biden administration agencies tasked with enforcing immigration laws, including the Department of Homeland Security and U.S. Customs and Border Protection.

The state of Texas is suing the Biden administration over what they call CBP’s practice of “cutting, destroying, or otherwise damaging Texas’s concertina wire that had been strategically positioned for the purpose of securing the border and stemming the flow of illegal migration.”

BREAKING: A federal judge has issued an emergency restraining order against the Biden Administration that stops DHS and border patrol from “disassembling, degrading, and tampering with” Texas wire barriers at the border. https://t.co/5yXkRlTqrp

— Leading Report (@LeadingReport) October 30, 2023

Here’s what Texas AG Ken Paxton wrote:

Texas Attorney General Ken Paxton has secured an emergency restraining order after federal agents were documented destroying barrier fencing to facilitate aliens’ entry near the Texas-Mexico border. Texas filed the initial lawsuit against the Biden Administration’s Department of Homeland Security (“DHS”), DHS Secretary Mayorkas, and other agencies on Tuesday, October 24, after numerous documented incidents of barrier destruction during a severe immigration surge in recent months. These instances often included using wire cutters to create gaps in fencing then waving aliens through and assisting their entry in other ways. At times, agents were observed attaching ropes to pickup trucks to enable aliens to scale the riverbank and enter the United States.

By Friday, October 27, federal agents were observed escalating their efforts to destroy Texas’s border barriers, using heavy machinery such as forklifts to uproot large sections of fencing to facilitate mass entry. In response, Attorney General Paxton immediately filed an emergency motion for a temporary restraining order. Within half an hour of the filing, the Biden Administration further escalated the barrier destruction, as agents were filmed using a forklift to smash the fencing against the ground repeatedly. On Saturday, Texas filed additional documentation about this incident, and the motion for a temporary restraining order was granted the next working day, Monday, October 30. The federal court has set the hearing on Texas’s motion for preliminary injunction seeking to prevent the agents’ cutting, destroying, damaging, or otherwise interfering with Texas’s concertina wire fence for November 7, 2023.

“The federal government’s outrageous escalation in response to our lawsuit demonstrates Biden’s disturbing contempt for the State of Texas, for the citizens of the United States, and for our country’s entire foundation of the rule of law,” said Attorney General Paxton. “By acting quickly and monitoring their actions closely, we were able to secure a restraining order, and I am confident we will continue to prevail.”

BREAKING: A federal judge has issued an emergency restraining order against the Biden Administration that stops DHS and border patrol from “disassembling, degrading, and tampering with” Texas wire barriers at the border.
–@LeadingReport

Thoughts?https://t.co/fiVwoZrxlS

— ᴊᴀᴄᴋ ᴅᴀɴɢᴇʀ (@AmericazOutlaw) October 30, 2023