The Republican AG filed the lawsuit in the Del Rio Division of the U.S. District Court for the Western District of Texas on Oct. 24. The DHS, alongside Homeland Security Secretary Alejandro Mayorkas, were named as defendants in the case. The U.S. Customs and Border Protection (CBP) and the U.S. Border Patrol (USBP), two federal law enforcement agencies under the DHS, were likewise included as defendants.
Law enforcement agencies for the Lone Star State have set up razor wire barriers along the Rio Grande to deter border crossers. However, USBP agents were caught on video cutting through these barriers in June and holding the wire fences open to allow a group of illegals to enter. Paxton's complaint alleged that incidents similar to the latter have continued. (Related: TREASON: Biden's Border Patrol CUTS WIRE installed by Texas government, "opening America's arms" to illegal immigrants.)
The lawsuit also alleged that CBP members created numerous breach points along these rows of razor wire fencing near Eagle Pass, Texas in September in October – contributing to an influx of illegals that burdened the town. Moreover, it accused CBP personnel of aiding illegals by attaching ropes to their vehicles. These ropes thrown at illegal aliens were meant to assist them in climbing up at steep points on the banks of the Rio Grande facing Texas.
Ultimately, Paxton's suit inculpated the defendants of destroying state property by cutting and removing the razor wire fences – an action that exceeded their legal authority. The defendants were also accused of "trespass to chattels" – one party interfering with a second party's ability to use its property.
"No statute authorizes defendants to destroy and seize border infrastructure belonging to another sovereign in order to facilitate unlawful entry of aliens into the U.S.," Paxton's complaint read.
Paxton: Texas has the sovereign right to ensure BORDER SECURITY
According to the complaint, the DHS is bound by the Administrative Procedures Act (APA). Thus, it is mandated to give notice and allow for public comment before cutting and removing the razor wire barriers.
The Texas AG is seeking an injunction to prevent DHS personnel from continuing to cut the barriers for the duration of the lawsuit. He is also asking for a judge to ultimately rule that the efforts by DHS personnel to cut through Texas' razor wire fences are unlawful.
"Texas has the sovereign right to construct border barriers to prevent the entry of illegal aliens," Paxton said on Oct. 24 as he announced the lawsuit. "Americans across the country were horrified to watch [President Joe] Biden's open-border policy in action. Agents were physically cutting wires and assisting the aliens' entry into out state."
"This is illegal; it puts our country and our citizens at risk. The courts must put a stop to it, or Biden's free-for-all will make this crushing immigration crisis even worse."
Spokespersons for both the DHS and the CBP responded to queries sent by NTD News. According to the DHS representative, USBP agents generally have a responsibility to take illegal aliens into custody once they set foot on American soil.
Meanwhile, the CBP representative said in a statement that federal border personnel were acting in line with their duties to apprehend and process border crossers who had already made it to the Texas side of the Rio Grande. "The individuals had already crossed the Rio Grande from Mexico, were on U.S. soil, and are subject to U.S. immigration laws," the CBP representative told NTD News.
Head over to BorderSecurity.news for more stories about Texas' efforts to maintain border security.
Watch this short clip of a USBP agent helping illegal aliens enter the United States.
This video is from the HALOROCK channel on Brighteon.com.
More related stories:
Texas SUES Biden administration's DHS over interim rule on asylum seekers.
Texas sues Biden admin for allowing migrants to be "illegally" approved through a mobile app.
Texas installs RAZOR WIRE along New Mexico border to block ILLEGAL ALIENS from crossing.
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