Majority: “We tackle whether or not United States Border Patrol brokers can legally minimize a concertina wire (“c-wire” or “wire”) fence the State of Texas has positioned alongside a part of the border with Mexico. … We now rule that Texas is entitled to a preliminary injunction. … Accordingly, we … GRANT Texas’s request for a preliminary injunction. Based mostly on the district court docket’s supplemental truth findings regarding intervening occasions in Shelby Park, nonetheless, we modify the preliminary injunction as follows. Defendants are ENJOINED from damaging, destroying, or in any other case interfering with Texas’s c-wire fence within the neighborhood of Eagle Go, Texas, as indicated in Texas’s criticism, in situations the place Defendants have the required entry to each side of Texas’s c-wire for immigration regulation enforcement and emergency functions. That entry should embrace the land aspect of the c-wire fence alongside the worldwide border inside Shelby Park.”
Irma Carrillo Ramirez, Circuit Decide, dissenting: “As a result of Texas has not met its burden to point out a waiver of sovereign immunity or a chance of success on the deserves, I respectfully dissent. … As a result of Texas has not met its burden to show § 1252(f)(1)’s inapplicability, the injunctive aid Texas seeks is “a forbidden one on this case.” United States, 599 U.S. at 690 (Gorsuch, J., concurring within the judgment).”
