US District Judge Alia Moses of the Western District of Texas granted a temporary restraining order to Texas and enjoined the federal government from interfering with Texas’s fencing at the U.S.-Mexico border.

The suit was brought by Texas Attorney General Ken Paxton. As part of Operation Lone Star, the Texas Military Department has deployed concertina wire fencing to deter illegal crossings at the Texas-Mexico border. Paxton alleged that since September 20, 2023, federal agents have developed a policy of destroying Texas’s fencing. The complaint links to several videos posted on X, which apparently show federal agents cutting Texas’s concertina fencing, lifting the fencing and providing climbing support to those swimming in the Rio Grande. The complaint alleged that from September 21 to September 28, federal agents cut Texas’s fencing and allowed at least 400 migrants through and that federal agents were still cutting the fencing after Texas filed their complaint.

Judge Moses found that “the balance of interests favors granting an injunction, but just barely.” The balance of interests being Texas’s interest in deterring unlawful activity and avoiding the costs associated with repairing broken fencing, with US Customs and Border Protection’s (CBP) interest in “allowing [Border Patrol] agents to address medical emergencies.” The order includes an exception to permit CBP agents to continue cutting or moving the concertina wire to aid individuals in medical distress.

The restraining order marks another victory for Texas in federal court regarding the US-Mexico border. Earlier this year, a federal appeals court allowed Texas to leave floating barriers in the Rio Grande after Federal officials tried removing them.