The Supreme Court, sharply divided with a 5-4 vote, approved a measure allowing federal border agents to dismantle razor wire installed by Texas along its US-Mexico border. This development marks the latest clash in the ongoing legal feud between President Biden and Governor Greg Abbott regarding border security. The justices’ vote along party lines on Monday cleared the way for the removal of Texas-installed barriers along a 30-mile stretch near Eagle Pass, with Justices Alito, Gorsuch, Kavanaugh, and Thomas voting against the vacation of a December injunction.
The protracted legal battle between Biden and Abbott revolves around the razor wire installed in the troubled Eagle Pass area, a focal point of the migrant crisis in Texas. Governor Abbott, critical of the president’s perceived inaction on securing the southern border, has implemented assertive measures, deploying state troops to seize land and erecting barriers like razor wire. The Department of Justice (DOJ) intervened, suing on January 2 to lift the December injunction, arguing that Customs and Border Protection (CBP) had the authority to access land within 25 miles of the border without a warrant.
The DOJ asserted that the wire obstructed CBP’s duties, emphasizing the need for agents to make context-dependent decisions in enforcing federal immigration laws while ensuring public safety. The December injunction, granted by the US Court of Appeals for the Fifth Circuit in response to Texas’s suit filed in October, prevented CBP from removing the wire. Governor Abbott remained silent on the matter at the time of publication.
This razor wire dispute is just one in a series of clashes between Biden and Abbott. In early January, the DOJ filed another lawsuit against Texas on the same day as the suit to lift the December injunction. This time, it challenged a new law, SB4, allowing state officials to arrest individuals found to have illegally entered the country, making it a state crime. Set to take effect in March, the law permits state officials to undertake deportation, prompting the DOJ to argue that Texas cannot independently manage its immigration system, potentially interfering with federal processes and international relations.
In response to the DOJ’s suit over SB4, Governor Abbott expressed confidence, stating, “Texas is the only government in America trying to stop illegal immigration.” Despite the ongoing legal battles, Abbott remains steadfast in his commitment to assertive state-level immigration measures.