The Fifth Circuit Court of Appeals ruled in favor of Texas on Wednesday stating the state can continue to place a razor wire fence at the border in Eagle Pass to prevent illegal entry to the country.

In its official ruling, the court says Texas is entitled to a preliminary injunction because the state is seeking only to safeguard its property — not "regulate" Border Patrol. The ruling also affirms Texas' right to build wired fences for immigration enforcement.

Governor Greg Abbott broke the news on X stating President Biden "was wrong to cut the wire" and that agents at the border "continue to add more wire to the barrier."

In January, the Biden administration asked the Supreme Court to allow Border Patrol agents to cut the razor wire — saying the wire impeded agents’ ability to get to migrants as they crossed the river. This request followed a 2023 lawsuit filed by the state of Texas asking the court to stop what they called an ongoing unlawful practice of cutting the barbed wire.

The opinion concludes Texas is likely to succeed in its trespass claims, adding a new layer to the ongoing legal battle between state and federal authorities over immigration.

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