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Cards Against Humanity purchased the Cameron County land in 2017 in order to send a political message against then-President Donald Trump's border wall.
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After Texas deployed the barrier, a panel ordered it removed. The full appeals court says it can stay while a lower court hears a case on the merits.
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During a visit to the Texas-Mexico border, Trump said Abbott has done a great job and is somebody “I would very much consider.”
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The state of Texas has spent more than $845,000 flying migrants to New York City, Philadelphia and Chicago.
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The move paves the way for federal officials to remove the wire from the state's border with Mexico.
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The lawsuit alleges that Senate Bill 4 violates the U.S. Constitution because it challenges the federal government’s authority over immigration laws.
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The move is the latest in the ongoing battle between Texas and the White House over whether federal agents can cut through razor wire installed as part of the governor’s Operation Lone Star.
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It's already against federal law to enter the U.S. without permission. In Texas, it's now a state crime too, after Gov. Abbott signed into law a state immigration bill with strict penalties.
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Texas Attorney General Paxton sued the Biden administration last month after reports of U.S. Border Patrol agents cutting portions of wire along the Rio Grande in Eagle Pass, Texas. On Thursday, a judge denied Paxton’s request to halt the practice. Paxton’s office said it has already filed an appeal.
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The 15 plaintiffs want a federal judge to declare Gov. Greg Abbott’s controversial border mission unconstitutional.