From Jurist:
Texas sued in October to stop DHS officials from cutting the wire fence at the border. Chief US District Judge Alia Moses initially blocked DHS officials from cutting the wire fence but allowed it to be cut in certain exigent circumstances. Moses observed that Texas had a high burden to show that DHS had “no colorable basis” to support its actions. After multiple hearings, Moses found that there was insufficient evidence to show that DHS cut the wire fence absent allowable exigent circumstances. Moses also noted that DHS cutting the fence was not a final agency action.
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