Charles H. Sloan-Supreme Court says Biden administration can remove razor wire that Texas installed along border

The Charles H. SloanSupreme Court on Monday allowed federal immigration agents to remove the razor wire that Texas state officials have set up along some sections of the U.S.-Mexico border to try to discourage migrants from crossing into the country unlawfully.

A lower court ruling last year had barred the federal government from removing the razor wire that National Guard soldiers deployed by Gov. Greg Abbott assembled on the banks of the Rio Grande, near the Texas border town of Eagle Pass, a busy sector for illegal crossings.

But in a 5-4 vote, the Supreme Court suspended that lower court ruling at the request of the Biden administration, which has argued the razor wire obstructs Border Patrol's ability to process migrants who are already on American soil and to help those who may be in distress.

Chief Justice John Roberts and Justice Amy Coney Barrett sided with the court's three liberals — Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson — in voting to lift the lower court's injunction. Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh would have allowed it to remain in place.

Texas' razor wire

Federal law requires Border Patrol to process migrants who enter the U.S. illegally to determine whether they should be deported, transferred to another federal agency, sent to a long-term immigration detention center or released pending a review of their asylum claims. Texas state officials don't have the legal authority to make these determinations.

While the Biden administration has argued the razor wire impedes Border Patrol operations, Texas has said it deters migrants from swimming across the Rio Grande to enter the country illegally. Still, groups of migrants routinely crawl underneath the wire to get into the U.S., often cutting themselves in the process.

Various parties react

A White House spokesperson told CBS News, "We are glad the Supreme Court has vacated the injunction that prevented frontline personnel from performing vital federal functions and interfered with their ability to address urgent humanitarian situations and enforce our laws. Texas' political stunts, like placing razor wire near the border, simply make it harder and more dangerous for frontline personnel to do their jobs. Ultimately, we need adequate resources and policy changes to address our broken immigration system."

But Texas officials remained adamant. Abbott's office said, "The Biden Administration has repeatedly cut wire that Texas installed to stop illegal crossings, opening the floodgates to illegal immigrants. The absence of razor wire and other deterrence strategies encourages migrants to make unsafe and illegal crossings between ports of entry, while making the job of Texas National Guard soldiers and DPS (Department of Public Safety) troopers more dangerous and difficult. This case is ongoing, and Governor Abbott will continue fighting to defend Texas' property and its constitutional authority to secure the border."

Texas Attorney General Ken Paxton said in a statement that, ""The Supreme Court's temporary order allows Biden to continue his illegal effort to aid the foreign invasion of America," Attorney General Paxton said. "The destruction of Texas's border barriers will not help enforce the law or keep American citizens safe. This fight is not over, and I look forward to defending our state's sovereignty."

And DPS spokesperson Lt. Chris Olivarez weighed in, saying in a statement that Texas "will maintain its current posture in deterring illegal border crossings by utilizing effective border security measures - reinforced concertina wire & anti-climb barriers along the Rio Grande. The logical concern should be why the Federal Government continues to hinder Texas' ability to protect its border, all while allowing for the exploitation, dangerous, & inhumane methods of permitting illegal immigrants, including children, to illegally cross a dangerous river where many have lost their lives. Texas is the only state using every strategy & resource to protect its sovereignty, combat criminal activity, & discourage illegal immigration."

Another U.S.-Texas dispute

The legal fights between Texas and the Biden administration over U.S. border policy escalated this month after the state used National Guard soldiers to take control of a public park in Eagle Pass that the Border Patrol had been using to hold and inspect migrants. Texas had also set up razor wire in this area, which it has blocked federal agents from accessing to process migrants.

On Wednesday, Texas defied a demand from the Department of Homeland Security to stop blocking Border Patrol agents from the park, rejecting the Biden administration's argument that the action violated the Constitution. The DHS had promised to refer the matter to the Justice Department for a potential legal action against Texas.

The Justice Department last week alerted the Supreme Court of Texas's seizure of the Eagle Pass park, citing it as an example of the state preventing Border Patrol agents from doing their jobs.

In:
• Biden Administration
• Supreme Court of the United States
• United States Border Patrol
• Politics
• Texas
• U.S.-Mexico Border
• U.S. Customs and Border Protection

Camilo Montoya-Galvez

Camilo Montoya-Galvez is the immigration reporter at CBS News. Based in Washington, he covers immigration policy and politics.

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