In a decisive 5-4 ruling on Monday, the U.S. Supreme Court granted temporary approval for U.S. Border Patrol agents to dismantle sections of razor-wire fencing strategically placed by Texas officials along the state’s border with Mexico. The fencing, installed by the Texas National Guard under Operation Lone Star, was initiated in 2021 by Republican Governor Greg Abbott to discourage illegal border crossings.
The legal skirmish unfolded after the New Orleans-based 5th U.S. Circuit Court of Appeals, in a contested interim decision, temporarily restrained federal agents from interfering with the razor-wire barrier. Set to hear arguments on February 7, the 5th Circuit will delve into the question of whether Border Patrol agents violated Texas law by altering the fencing.
The 5-4 majority in the Supreme Court included Chief Justice John Roberts and Justice Amy Coney Barrett, crossing party lines to align with three liberal justices. The dissenting votes came from conservative Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh.
This legal tussle originated when Texas sued the Biden administration in October 2023, alleging that U.S. Customs and Border Protection agents were recklessly damaging the strategically positioned fencing on private land. U.S. District Judge Alia Moses, while criticizing the Biden administration for its handling of unlawful entries, ruled in November that Texas couldn’t overcome federal government sovereign immunity.
Following Texas’ appeal, the 5th Circuit, on December 19, temporarily barred federal agents from tampering with the razor-wire fencing unless required for medical emergencies. The court argued that Texas was likely to prevail in its lawsuit, stating that Judge Moses misinterpreted the law granting federal immunity.
The Biden administration, contesting this decision, urged the Supreme Court to intervene, asserting on January 2 that there was no evidence the wire had deterred migrants. A subsequent filing on January 12 claimed Texas erected new barriers hindering Border Patrol agents’ emergency response capabilities.
Reacting to the Supreme Court’s decision, the White House embraced the ruling, emphasizing the need for comprehensive immigration reform. A spokesperson stated, “Ultimately, we need adequate resources and policy changes to address our broken immigration system. That is why President Biden is working to find a bipartisan agreement with Congress that includes additional resources and meaningful policy reforms.”
As Republicans continue to critique Biden’s immigration policies, the issue of illegal border crossings is poised to intensify in the lead-up to the November 5 election, where the Democratic president seeks another term in office.
