Article Summary
The Supreme Court has allowed US Border Patrol agents to remove razor wire deployed by Texas GOP Gov. Greg Abbott at the US-Mexico border, pending the outcome of a legal challenge against the practice. The decision passed with a 5-4 vote. The ruling is a significant win for President Joe Biden in his ongoing dispute with Abbott over border policy. A federal appeals court had previously ordered Border Patrol agents to stop removing razor wire along a portion of the Rio Grande while court proceedings continued. Four justices disagreed with the ruling, stating that they would have denied the federal request.
The Supreme Court Allows Removal of Razor Wire at US-Mexico Border Amid Texas Legal Challenge
The Supreme Court is permitting US Border Patrol agents to dismantle razor wire deployed at the US-Mexico border by Texas GOP Gov. Greg Abbott’s security initiative. This will continue throughout the pending state’s legal challenge against the practice. The decision, a significant victory for President Joe Biden, was made by a 5-4 vote.
Dispute Over Border Policy
The contention between Biden and Abbott over border policy escalated following the recent drowning of three migrants in the Rio Grande. This tragedy prompted further requests from the administration for the Supreme Court’s intervention.
Federal Appeals Court Order Overruled
A federal appeals court previously instructed Border Patrol agents to cease removing razor wire along a segment of the Rio Grande. However, the Supreme Court overturned this order earlier this month at the request of the Justice Department.
Justices’ Disagreements
Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh expressed their opposition to the federal request. CNN Supreme Court analyst Steve Vladeck noted this delay could prompt future questioning.
Texas’s Border Security Measures
Andrew Mahaleris, a spokesman for Abbott, argued that the removal of razor wire and other deterrents encourages unsafe and illegal border crossings. Despite the ruling, the governor plans to continue defending Texas’s border security measures.
Biden Administration’s Arguments
The Biden administration’s legal team argued that the appeals court ruling contradicts the Constitution’s Supremacy Clause, which gives precedence to federal laws over state laws. Solicitor General Elizabeth Prelogar stressed that the state’s actions could hamper Border Patrol agents’ ability to enforce immigration laws and guard against risks.
Escalation of Texas’s Border Patrol Intervention Attempts
Prelogar informed the court about Texas’s recent efforts to obstruct federal border patrol duties, emphasizing the need for immediate intervention. She highlighted the state’s violation of an injunction permitting federal agents to cut wire in emergencies, citing recent migrant drownings and rescues.
Texas’s Legal Action Against Federal Government
Texas sued last year to prevent Border Patrol agents from removing the concertina wire, alleging it illegally destroyed state property and hindered border security. The 5th Circuit is set to hear oral arguments in the case on February 7.
Texas’s Response to Biden Administration’s Request
Texas urged the Supreme Court to reject Biden administration’s request, arguing there was no requirement for the court’s intervention. Legal representatives for the state stated that cutting Texas’s fencing and allowing people into the state had nothing to do with inspection, apprehension, or removal.
Note: This story has been updated to include additional details.
Read More US Political News
This article may have been created with the assistance of AI.
Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. Please see our republishing guidelines for use of photos and graphics.
