A federal judge in Texas reversed her Temporary Restraining Order that prevented the Department of Homeland Security from removing border barriers put in place by the State of Texas.
The judge made this decision after hearing additional evidence and has ordered the case to proceed to a trial on the merits of the law.
The ruling cited multiple matters to be addressed in trial, including a claim that the actions taken by the agency constitute a “final agency action.” (Trending: Greta Thunberg Caught on Video Going Full Anti-Semite)
The judge also noted that the issue of border wire cutting appears to be unique to the Del Rio Sector and questioned whether this constitutes an agency-wide directive.
“Here, based on the evidence presented at the November 7, 2023 hearing and the documents submitted thereafter, the Court finds that there is insufficient evidence at this juncture to support a substantial likelihood of success” on the Plaintiff’s claims,” Judge Moses wrote.
She added, “The possible harm suffered by the Plaintiff in the form of loss of control and use of its private property continues to satisfy the irreparable harm prong of preliminary-injunction analysis. The public interest calculation reflected in the Court’s TRO decision stands.”
“The Defendants admit that supervisors in the Del Rio Sector have provided “guidance” to agents along the following lines: “(a) if there are no exigent circumstances, the agents should call a supervisor before any wire-cutting; and (b) if a supervisor is unavailable or exigent circumstances exist, the agents should use their judgment in determining how best to apprehend noncitizens or provide medical assistance,” the judge wrote.
“The Plaintiff argues that the sheer volume and regularity of similar incidents, together with repeated public statements from DHS itself, demonstrates an institutional policy, practice, or pattern of sanctioning Border Patrol agents’ cutting or moving the fence even absent exigent Case 2:23-cv-00055-AM Document 57 Filed 11/29/23 Page 29 of 34
30 circumstances,” she stated.
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