In a First-on-Fox report, Texas Attorney General Ken Paxton has filed a lawsuit against the Biden administration, specifically targeting the Department of Homeland Security and Customs and Border Protection officials. The lawsuit alleges that the federal government has engaged in the illegal act of cutting or damaging the concertina wire set up by Texas along the border with Mexico to prevent the entry of illegal immigrants into the United States.

The lawsuit, filed in the U.S. District Court for the Western District of Texas, argues that by cutting Texas's concertina wire, the federal government has not only destroyed state-owned property but has also disrupted the state's border security efforts. This has resulted in gaps in Texas's border barriers and has damaged the state's ability to effectively deter illegal entry into its territory.

The lawsuit aims to put an end to this alleged ongoing unlawful practice that undermines Texas's border security efforts. It seeks an injunction against the federal defendants, arguing that they have been destroying and damaging private property without the necessary statutory authority, in violation of both state and federal law.

Texas had installed razor wire in Eagle Pass, Texas, as part of its comprehensive efforts to curb illegal crossings. It is among several border barriers the state has undertaken, including the construction of its own wall and a buoy barrier in the Rio Grande. However, Texas Governor Greg Abbott recently posted a video showing Border Patrol agents appearing to cut the wire to allow migrants to pass through and be processed. Abbott promptly ordered the wire to be replaced.

Officials and Border Patrol union officials have emphasized that migrants can still be considered on U.S. soil even if they are on the other side of barriers—whether it be wire or a border wall. In such cases, Border Patrol agents are required to apprehend them and take them into custody. There have been instances where Border Patrol agents have opened gates or other barriers specifically to apprehend migrants.

The lawsuit highlights that razor wire has been previously used to secure borders and that the Department of Homeland Security has acknowledged its effectiveness as a deterrent against illegal crossings. The lawsuit also cites the record-breaking migrant crossings that occurred in September, with over two weeks witnessing 14,000 migrants crossing into Eagle Pass.

According to the lawsuit, from September to October, the federal government has seized or damaged the wire more than 20 times. This continuous destruction of property has not only harmed Texas but has also disrupted its efforts to secure the border, leading to increased costs for healthcare, public education, incarceration, and driver's licenses.

Texas Attorney General Paxton asserts that the state has the sovereign right to construct barriers to prevent illegal migration and condemns the Biden administration's perceived open-border policy. Paxton argues that the courts must intervene to halt this practice, as it poses a risk to the country and its citizens and exacerbates the already pressing immigration crisis.

This lawsuit comes amidst ongoing scrutiny of the Biden administration's handling of the southern border crisis. Fiscal Year 2023 has witnessed a record number of migrant encounters at the border, prompting the administration to recently reiterate its opposition to border walls while citing an "acute and immediate" need to waive federal regulations to allow construction in South Texas.