SCOTUS Rules Feds Can Remove Razor Wire at Border

SCOTUS Allows US To Cut Razor Wire at Border

( – In July 2023, the Department of Justice warned Texas Governor Greg Abbott (R) to remove barbed wire placed along the river Eagle Pass, set there to deter migrants from crossing into the state. When Border Patrol agents began to cut the wire, Texas sued, and the Fifth Circuit Court of Appeals issued a stay preventing federal officials from taking action pending further litigation on the matter. Now, the Supreme Court weighed in on the issue.

On January 22, it was reported that the majority of SCOTUS justices permitted federal agents to remove the razor wire from the US/Mexican border while the case continues through the courts. The order determining the Department of Homeland Security v. Texas case blocked the previous order from the 5th Circuit, which stopped BP agents from cutting the wire.

SCOTUS Chief Justice John Roberts and Justice Amy Coney Barrett joined liberal Justices Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson in the 5 to 4 ruling. The remaining judges, Justices Samuel Alito, Clarence Thomas, Neil Gorsuch, and Brett Kavanaugh, would have left the 5th Circuit’s order in place.

According to CBS News, a White House spokesperson reacted to the news, stating that “Texas’ political stunts” only make the Border Patrol’s job “harder and more dangerous.” The spokesperson said policy changes from Congress and resources are needed to fix the “broken immigration system.” In fact, the Senate is working on a bipartisan piece of legislation with the Biden administration addressing that very system. However, even if the Upper Chamber can produce such a proposal, it’s unlikely the House will bring it to the floor.

Abbott also reacted to the Supreme Court ruling, stating on social media that “this is not over.” The Republican governor said the “razor wire is an effective deterrent” and vowed to keep defending his state’s “constitutional authority to secure the border” and stop the feds from “destroying [its] property.”

The Supreme Court’s decision is a temporary one intended to allow federal agents to cut razor wire at the border while the Texas lawsuit plays out.

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