I recently reported that the Fifth Circuit had granted the state of Texas a temporary stay to stop the Biden administration from cutting a border fence made of concertina wire along the Rio Grande near Eagle Pass, Texas.
The crisis at our southern border continues to escalate because of Biden Administration policies that refuse to secure the border and invite illegal immigration .... Texas supports legal immigration but will not be an accomplice to the open border policies that cause, rather than prevent, a humanitarian crisis in our state and endanger the lives of Texans.
In the beginning, Lone Star was largely staffed by state troopers from the Texas Department of Public Safety and National Guard troops from the Texas Military Department.
The chattel in this case is the c-wire, and the state alleged that by cutting it, DHS interfered with that c-wire and diminished "the wire's utility as a barrier fence" and deprived Texas "of its use for a substantial time".
The United States may be named as a defendant in any such action, and a judgment or decree may be entered against the United States. The circuit court concluded that section 702 waived immunity for Texas's trespass to chattels claim, inasmuch as Texas brought that claim "as 'an action' in federal court", sought "relief other than monetary damages", and stated "a claim that a federal agency's officials and employees 'acted or failed to act in an official capacity or under color of legal authority'".
The United States can't secure the Southwest border unless it can deter aliens from crossing that border illegally.
There's no issue-and the circuit court expressly finds-that the c-wire fence is deterring aliens from crossing the river at Eagle Pass and along the border at the Rio Grande in Texas.
https://cis.org/Arthur/Fifth-Circuit-Blocks-Admin-Cutting-Texas-Border-Fence
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