Border Patrol And Homeland Security Explain Why Gov. Abbott Cannot Have An Injunction In Fifth Cir... YAWN.

Obviously, when the trial court ruled -- solely on the law -- and correctly, at that -- that Texas could not even bring a suit, let alone win one. . . it would be obvious that the Fifth shouldn't let an end run occur.

So overnight, the federal agencies have explained just that. Here it is -- these 27 pages will control, in New Orleans:

. . .Exercising its unquestioned authority, Congress has provided that an “alien present in the United States who has not been admitted” “shall be inspected by immigration officers.” 8 U.S.C. § 1225(a)(1), (3). Without a warrant, Border Patrol agents may “interrogate any alien or person believed to be an alien,” “arrest any alien who in his presence or view is entering or attempting to enter the United States in violation of any law,” and “have access to private lands” within 25 miles of the border “for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States.” Id. § 1357(a)(1)-(3).

In recent months, Texas began installing concertina wire -- a type of coiled razor wire -- near the banks of the Rio Grande in the vicinity of Eagle Pass, Texas. Because the international border lies in the river, a noncitizen who crosses the river and approaches the wire is within the United States. The wire can impede Border Patrol agents from inspecting these individuals and block them from responding to persons in danger in the river or on the riverbank. Consistent with their statutory authority and longstanding practice -- with respect to any border-adjacent barriers, no matter the owner -- agents therefore sometimes cut or move the wire to access the migrants.

Texas contends that state tort law bars federal agents from exercising this authority. [Poppycock!]

While the district court plainly took issue with aspects of federal officials’ enforcement of federal law, it nonetheless correctly recognized that the United States is immune from suits seeking injunctive relief under state tort law. See Mot.Ex-P 13-20. It also rejected Texas’s contention that cutting the wire is ultra vires. . . .

Gov. Abbott and AG Ken Paxton will lose in this appeal. Full stop. The stay may be lifted as early as this coming Monday. This in turn would allow CBP to cut razor wire whenever and wherever it needs to, on land -- around Eagle Pass. Onward.

नमस्ते