(NewsNation) — Texas Attorney General Ken Paxton is suing the Biden administration for allegedly cutting concertina wire at the U.S.-Mexico border that has gashed and snagged migrants, saying it undermines the state's security efforts.
“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 security efforts, leaving gaps in Texas’ border barriers and damaging Texas’ ability to effectively deter illegal entry into its territory,” the lawsuit states.
Paxton is alleging the practice of cutting the wire increased when thousands of migrants waded across the Del Rio river in late September, according to the lawsuit filed in a Del Rio federal court Monday.
Customs and Border Patrol says its agents are responsible for safely apprehending migrants and that may involve altering or removing obstacles, including razor wire. CBP added it is a federal responsibility to enforce the law and migrants who cross the Rio Grande into the U.S. are subject to its immigration laws.
"Border Patrol agents may need to remove or alter obstacles, including razor wire, that impede the safe apprehension of migrants. The health and safety of our workforce, surrounding communities, and migrants — especially vulnerable populations — is paramount," said CBP spokesperson Jim Yocum.
The suit is aimed at the Department of Homeland Security, Secretary of Homeland Security Alejandro Mayorkas and several other agencies.
“Texas has the sovereign right to construct border barriers to prevent the entry of illegal aliens,” Paxton said in a news release Tuesday.
Texas authorities began rolling out miles of the wire under Operation Lonestar in high-traffic areas through the Rio Grande in places like Brownsville and Eagle Pass, Texas, in May before the end of Title 42.
Migrant and environmental advocates quickly raised concerns over the damaging effects of the razor wire. Some of the people charged with enforcing its use also raised concerns.
A state trooper and medic described the use of this border protection tactic as "inhumane" in an internal complaint documenting cases of lacerated and injured migrants.
Texas Gov. Greg Abbott's office says it is working closely with the AG's office to define the state's right to secure its border.
“The absence of razor wire and other deterrence strategies encourages migrants to make unsafe and illegal crossings between ports of entry while making the job of Texas National Guard soldiers and DPS troopers more dangerous and difficult," a statement from the governor's office said
"The Biden Administration has repeatedly cut wire that Texas installed to stop illegal crossings, opening the floodgates to illegal immigrants," the statement read. "Texas will continue to utilize every tool and strategy to secure our southern border.”
This comes as Texas is waiting on a decision from an appeals court on the controversial buoy barrier floating in the Rio Grande in the Eagle Pass area.