The United States Supreme Court ruled on Monday that federal Border Patrol agents can temporarily remove razor-wire barricades along the U.S.-Mexico border amid ongoing litigation against the state of Texas. The 5-4 decision, in which two “conservative” justices ruled against Texas Governor Greg Abbott’s border security efforts, threatens to increase the state’s feud with the federal government to a fever pitch as the illegal immigration crisis continues.
In the ruling, the Court agreed with the federal government’s assessment that the roughly 30 miles of concertina wire along the northern bank of the Rio Grande near the city of Eagle Pass interfere with the Border Patrol’s ability to intercept or assist migrants crossing the river.
This follows a report from the White House claiming that Texas National Guardsmen in the Shelby Park area allowed a family of immigrants to drown without intervening, physically blocking federal agents from responding. Governor Abbott called the accusation a “vile” and “inaccurate” narrative, reporting that neither state nor federal authorities had been aware of the endangered migrants until well after they had drowned.
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In a months-long dispute over the wire fencing and floating barricades in a separate location, Texas and the federal government have filed competing lawsuits against each other to determine who has the right to enforce border security.
An appellate court ruling in December determined that federal agents could not dismantle or remove the barriers to allow migrants to cross the river. The Biden administration responded with an emergency application to the Supreme Court, promoting the decision on Monday.
In a single-paragraph ruling, the lower court injunction was vacated.
Alongside the expected votes from the liberal justices—Ketanji Brown Jackson, Elena Kagan, and Sonia Sotomayor—Justice Amy Coney Barrett and Chief Justice John Roberts also sided with the administration. Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Clarence Thomas provided the dissenting votes. None of them provided explanations for their decision.
Related: Texas AG Ken Paxton Defies Order to Turn Border Park Over to Feds
Following this decision, federal Border Patrol will once again be able to pull down border barricades to allow migrants to enter “for processing.” Litigation on the larger issue of Texas’ border enforcement—including the floating barriers, the razor wire, and the National Guard presence in Eagle Pass—is still pending.
“Unfortunately, this means Border Patrol agents are going to be tied up dealing with give ups rather than going after the criminal elements that constantly cross our borders illegally,” said Brandon Judd, President of the National Border Patrol Council. “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.”
The Supreme Court’s full ruling can be read below:
Supreme-Court-Texas-Barbed-Wire-OrderDownload
Connor Walcott is a staff writer covering politics, culture, and business for Valuetainment.com. Follow Connor on X (Twitter) and look for him on VT’s newest show, “The Unusual Suspects.”
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