BY Staff WritersDecember 1, 2023
3 months ago

Federal Judge Reverses Temporary Order Blocking Feds from Cutting Texas Border Barriers

In a recent turn of events, a federal judge has reversed a decision that previously blocked the Department of Homeland Security from tampering with border barriers installed by the state of Texas.

This decision comes after a series of legal actions involving Texas' efforts to secure its borders, leading to a dispute with federal agencies.

The dispute began with Texas and the Texas Public Policy Foundation suing federal agencies and officials. They aimed to stop what they perceived as interference with the state's border security measures.

Legal Battle Over Texas Border Barriers

On Oct. 30, the lawsuit led to a temporary restraining order. The federal judge at the time directed the federal government not to tamper with or remove Texas' border barriers.

This order was in response to concerns raised by Texas about federal agents cutting through the state's razor wire barriers.

However, on Nov. 7, the case took a different turn. The judge heard additional testimony regarding these incidents, specifically focusing on the actions of federal agents.

Reversal of Temporary Restraining Order

Almost a month later, on Nov. 30, the judge revised her initial decision. She reversed the temporary restraining order that had been in place since late October.

This reversal was driven by the judge's assessment of the evidence presented in the case. She concluded that there was insufficient evidence to indicate a likelihood of Texas succeeding in its claims.

It was noted that the incidents seemed isolated to the Del Rio border sector. This suggested that it might not be a widespread policy issue within the Department of Homeland Security.

Examining the Core Issues

The case raises several key issues. One major point of contention is whether border crossers have legally entered the United States.

Another significant aspect is the historical precedent regarding the treatment of migrants at the border.

These issues are pivotal in determining the legality of the federal government's actions, particularly in relation to Texas' border barriers.

Judge's Perspective on the Matter

Regarding the judge's decision, she articulated her reasoning clearly. Judge Moses made her stance evident in a written statement.

She emphasized the lack of substantial evidence at this stage of the legal proceedings. This was pivotal in her decision to reverse the temporary restraining order. Moses said:

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 also highlighted the uniqueness of the issue to the Del Rio Sector. This was critical in her assessment of the case.

Arguments and Counterarguments

The plaintiff argued that a pattern of behavior was evident and cited the volume and regularity of incidents involving federal agents cutting or moving the fence.

This argument was bolstered by referencing public statements from the Department of Homeland Security itself.

However, the judge countered this by stating the evidence did not sufficiently demonstrate an institutional policy or practice.


With the reversal of the temporary restraining order, the case is now set to proceed to a full trial. This trial will delve deeper into the legal nuances of the situation. It will aim to determine the legality of the federal government's actions conclusively.

  • The lawsuit was initiated by Texas against federal agencies to protect its border barriers.
  • A temporary restraining order was granted on Oct. 30 but was reversed on Nov. 30.
  • The judge cited insufficient evidence for a substantial likelihood of success on Texas' part.
  • The case is now moving towards a full trial to resolve the legal dispute.
Written by: Staff Writers



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