The Supreme Court said Border Patrol agents can remove razor wire installed by Texas on the U.S. - Mexico border in an attempt to stave off illegal border crossings, giving the Biden Administration a win in the ongoing legal battle over the use of the razor wire at the border.
The Biden Administration argued that the razor wire was preventing border agents from working.
In a 5-4 decision, justices Amy Coney Barrett and John Roberts joined the three liberal justices in siding with the Biden administration, while Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh dissented, noting they would have rejected the Biden Administration’s request but did not offer a further explanation.
The ruling is temporary as the case continues through the courts: at issue is razor wire installed by Texas to prevent migrants from crossing the Rio Grande river, which federal Border Patrol agents cut through, prompting the state to sue the federal government.
The Biden Administration had asked the court to grant an emergency request and allow agents to cut the wire, arguing the wire made it harder for agents to do their jobs.
By siding with the Biden Administration, the court will allow federal agents to cut through parts of the razor wire if they need to until the legality of using the wire is resolved in court.
Texas Gov. Greg Abbott (R) did not immediately respond to Forbes’ request for comment.
Monday’s decision is the latest in a more-than-year-long saga between the state of Texas and the federal government over the influx of migrants illegally crossing the U.S. - Mexico border. Abbott’s launch of “Operation Lone Star” — his effort to crack down on border crossings — effort led Texas to install razor wire along the border and add thousands of National Guard soldiers and Texas state troopers to patrol the state’s border with Mexico. The state of Texas sued the U.S. Customs and Border Patrol last year after the state claimed some federal agents cut some of the razor wire and damaged state property. Meanwhile, the Biden Administration has continued to argue the wire prevents agents from reaching migrants.
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