Texas Attorney General Ken Paxton is suing the Biden Administration’s Department of Homeland Security (“DHS”), DHS Secretary Alejandro Mayorkas, and several other agencies and officials over the federal government’s practice of cutting and destroying Texas’s concertina wire that was strategically positioned for the purpose of securing the state’s border with Mexico and stemming the flow of illegal migration. 

Federal agents have developed and implemented a practice of destroying Texas’s concertina wire to encourage, induce, and assist thousands of aliens to illegally cross the Rio Grande and enter Texas. Federal agents in some cases attempted to ease aliens’ ability to illegally climb up the riverbank into Texas by attaching ropes or cables to the back of pickup trucks. Federal agents regularly cut new openings in the wire fence, sometimes immediately after Texas officers have placed new wire to plug gaps in fencing barriers. 

By cutting Texas’s concertina wire, the federal government has not only illegally destroyed property owned by the State of Texas; it has also disrupted the State’s border deterrence efforts, leaving gaps in Texas’s border barriers and damaging Texas’s ability to effectively deter illegal entry into Texas.  

With this lawsuit, Attorney General Paxton seeks to end this ongoing, unlawful practice which undermines Texas’s border security efforts. Texas is asking the court to enjoin the federal defendants from continuing to destroy and damage private property—without statutory authority and in violation of federal law.  

“Texas has the sovereign right to construct border barriers to prevent the entry of illegal aliens,” said Attorney General Ken Paxton. “Americans across the country were horrified to watch Biden’s open-border policy in action: agents were physically cutting wires and assisting the aliens’ entry into our 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.” 

To read the filing, click here