This Monday, the U.S. Supreme Court took a position in favor of the Biden Administration in allowing Border Patrol agents to cut or remove the barbed wire that is installed along the Texas-Mexico border and that seeks to prevent illegal immigrants from crossing.
In a 5-4 vote, the justices granted the Biden Administration's request to stay a lower court ruling that prevented Customs and Border Protection (CBP) from altering the fence while the legal dispute over the wire continues.
Justices' stance
Chief Justice John Roberts and Justice Amy Coney Barrett voted alongside liberals Ketanji Brown Jackson, Elena Kagan and Sonia Sotomayor in favor of the Biden administration. Conservatives Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Clarence Thomas sided with Texas. Notably, none of the justices explained the legal rationale behind their decision.
BREAKING: The Supreme Court just ruled 5-4 that the Biden admin can remove physical barriers Texas put at their border to stop the invasion.
Barrett and Roberts voted with the libs. pic.twitter.com/XkarZu4QCP
— Greg Price (@greg_price11) January 22, 2024
National Border Patrol Council criticizes ruling
Following the Supreme Court's decision, National Border Patrol Council union president Brandon Judd expressed concern about the ruling and the consequences it could cause.
"The Administration no doubt will say this is a win for border security, but if they sought rank and file input, they would be told this will do the exact opposite. Agents support what Texas was trying to accomplish in the absence of true border security policies from this Administration," he told Fox News.
DeSantis also reacts
Florida Governor Ron DeSantis shared a post on X criticizing the Supreme Court's decision.
"The Supreme Court is siding with the Biden administration against Texas by allowing the federal government to take down razor wire on the border. Texas is trying to enforce our laws and uphold our sovereignty while the federal government is disregarding the law and ignoring its responsibility to protect our borders. What an upside down world," he said.
The Supreme Court is siding with the Biden administration against Texas by allowing the federal government to take down razor wire on the border.
Texas is trying to enforce our laws and uphold our sovereignty while the federal government is disregarding the law and ignoring its… pic.twitter.com/EqzY8OWlQ1
— Ron DeSantis (@RonDeSantis) January 22, 2024
"A federally-sanctioned invasion"
Texas Land Commissioner Dawn Buckingham warned that the decision "is a federally-sanctioned invasion."
This is a federally-sanctioned invasion. https://t.co/zSqoVciCqO
— Dawn Buckingham (@DrBuckinghamTX) January 22, 2024
The fight continues
Texas Attorney General Ken Paxton assured that "the fight is not over" and that he will remain focused on defending Texas' sovereignty.
Paxton also expressed concern and called Biden's efforts to aid "foreign invasion of America illegal." "The destruction of Texas's border barriers will not help enforce the law or keep American citizens safe," he added.
Barbed wire and the legal dispute
Texas officials installed approximately 30 miles of wire along river crossing points near Eagle Pass in an attempt to curtail the historic immigration crisis the country is facing.
However, the Biden Administration has attempted to block Texas' efforts, arguing that the fence hinders the Border Patrol's ability to operate and reach migrants at the time of crossing. According to the Department of Homeland Security (DHS), border agents "have a responsibility under federal law" to protect migrants from injury.
But Texas claims that federal agents are not only disrupting efforts to deter migrant entry but are even illegally destroying Texas state property to encourage crossings. "Federal agents have developed and implemented a practice of destroying Texas's concertina wire to encourage, induce, and assist thousands of aliens to illegally cross the Rio Grande and enter Texas. Federal agents in some cases attempted to ease aliens' ability to illegally climb up the riverbank into Texas by attaching ropes or cables to the back of pickup trucks," Texas Attorney General Ken Paxton explained in his barbed wire lawsuit.
Governor Abbott's efforts
The installation of the barbed wire fence is part of a broader strategy by Governor Greg Abbott to try to curb record numbers of illegal immigration. In addition to this barrier, Abbott installed floating buoys in the Rio Grande, which also displeased the Biden Administration and filed a lawsuit against the initiative.
In another effort to ensure border security, the Texas government began arresting illegal immigrants in Shelby Park, Eagle Pass, on trespassing charges. Still, once again, the administration has attempted to end these border security measures with a letter demanding their cessation.
