The State of Texas initiated a civil lawsuit against the U.S. Department of Homeland Security (DHS) and other federal officials, as per the court document. The subject of contention is the alleged destruction by these federal agents of Texas's concertina wire near the U.S.-Mexico border. According to Alia Moses, "Deterring unlawful activity, including illegal entry, is in the public interest".
The lawsuit claims that since Sept. 20, 2023, these agents have been facilitating migrant entry by damaging Texas's concertina wire at the border. A temporary restraining order has been secured by Texas against these defendants to halt further damage to this barrier.
Under review standards, Texas had to demonstrate a likelihood of success in its case based on its merits and establish that irreparable harm would ensue without the restraining order. The court agreed with Texas on its common law trespass to chattels claim; as per the document, Texas owns this wire and federal officials interfered with it.
According to court documents, there were several reasons for seeking a temporary restraining order from Texas. These include active damages by Defendants such as Border Patrol agent on concertina wire barriers near Eagle Pass, Texas - this was documented through sworn declarations and video evidence. Furthermore, Texas argued that it would face irreparable harm without this restraining order due to costs incurred for repair and additional social services - unrecoverable owing to government's sovereign immunity. Lastly clarified was how Defendants lacked authorization for damaging this wire; no "great public calamity" could justify their actions.
The court ruled in favor of Plaintiff's interests stating that such wires serve in deterring illegal activities like human trafficking or drug smuggling barring medical emergencies. The temporary restraining order will stay effective till Nov. 13, 2023 while a preliminary injunction hearing has been scheduled for Nov. 7, 2023.
Alia Moses, Chief United States District Judge officially signed and entered this temporary restraining order on Oct. 30, 2023 as per the court document. This order will remain effective until Nov. 13, 2023 with a preliminary injunction hearing scheduled for Nov. 7, 2023.
