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Supreme Court razor wire ruling does not settle ...

Author: Elva

Dec. 09, 2024

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Supreme Court razor wire ruling does not settle ...

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Despite the U.S. Supreme Court siding with the Department of Homeland Security to allow federal border officials to cut state-installed razor wire along the Rio Grande, Texas Gov. Greg Abbott and state Attorney General Ken Paxton said the larger legal battle between Texas and the Biden administration is far from settled.

"This is not over," Abbott said in a social media post after the high court's 5-4 ruling. "Texas' razor wire is an effective deterrent to the illegal crossings Biden encourages. I will continue to defend Texas' constitutional authority to secure the border and prevent the Biden Admin from destroying our property."

The Supreme Court's ruling, issued without explanation, set aside last month's decision by the 5th U.S. Circuit Court of Appeals that barred federal border agents from cutting the sharpened coiled wire the state installed along the Texas shore of the Rio Grande. But it did not put an end to the lawsuit Paxton filed in October to prevent the Homeland Security Department and other federal entities from seizing or destroying the wire barriers.

The suit is also part of the increasingly bitter feud between Texas Republican leaders and the Democratic White House over border and immigration policy as a surge of migrants overwhelms border communities.

On the ballot:Texas gov transforms immigration from a border issue to a backyard one. Dems aren't happy.

In a statement, Paxton said the federal justices' decision passes the matter back to the 5th Circuit appeals court, where arguments are scheduled Feb. 7. Paxton filed the appeal after U.S. District Judge Alia Moses of Del Rio found in November that Texas did not present sufficient evidence to demonstrate that federal agents cutting the wires violates state law.

The 5th Circuit reversed the U.S. District Court judge's ruling last month and prohibited federal agents from cutting the wire while the state challenge is litigated in court. The U.S. Justice Department filed an emergency petition this month asking the Supreme Court to allow federal border agents to remove the barriers, and the high court on Monday sided with the federal government.

Lt. Chris Olivarez, Texas Department of Public Safety spokesman for border issues, said the state's $11 billion border initiative, called Operation Lone Star, will "maintain its current posture" of using razor wire and other physical barriers to deter unlawful immigration.

Fatal crossing2 children, woman die in Rio Grande as feds, Texas debate border control

"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," Olivarez said on social media.

The Texas Military Department, meanwhile, posted photographs Tuesday on X, formerly Twitter, showing Texas National Guard soldiers and DPS troopers assigned to Operation Lone Star adding more razor wire along the Rio Grande in Eagle Pass.

Last week, Homeland Security and Texas officials publicly clashed, placing blame on each other after a migrant woman and two children were found drowned on the Mexican side of the river near Eagle Pass. The federal agency said Operation Lone Star officials hindered its agents from rescuing a group of migrants in distress who were trying to cross the river before the bodies were found.

The state has restricted federal access to Eagle Pass' Shelby Park, which the state commandeered this month as part of its border security effort. The Homeland Security Department is asking the Supreme Court to force Texas to grant federal border authorities access to the park to protect migrants in distress and enforce immigration law, which is under the federal government's purview under the U.S. Constitution.

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Supreme Court allows Border Patrol agents to remove ...

WASHINGTON &#; A closely divided Supreme Court on Monday allowed Border Patrol agents to cut through or move razor wire Texas installed on the U.S.-Mexico border as part of the state&#;s effort to prevent illegal border crossings.

The court on a 5-4 vote granted an emergency request filed by the Biden administration, which had argued that Texas was preventing agents from carrying out their duties.

The brief order noted that four conservative members of the nine-justice court would have rejected the government's request. They were Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh.

The Biden administration says the wire prevents agents from reaching migrants who have already crossed over the border into the U.S.

Texas Gov. Gregg Abbott, a Republican, installed the razor wire near the Rio Grande at Eagle Pass as part of an operation to address illegal immigration that has brought the state into conflict with the Biden administration.

A White House spokesperson on Monday said: "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."

Texas sued after Border Patrol agents cut through some of the razor wire, claiming the agents had trespassed and damaged state property.

A federal judge ruled for the Biden administration, but the New Orleans-based 5th U.S. Circuit Court of Appeals last month reversed that decision, saying agents could not cut or move the wire unless there was a medical emergency.

Abbott&#;s immigration enforcement plan, called Operation Lone Star, includes busing thousands of migrants to Democratic-led cities and arresting migrants on trespassing charges. The state previously placed buoys in the Rio Grande to prevent crossings, prompting the Biden administration to sue. The barrier remains in place while litigation continues.

Even while the Biden administration's application was pending at the Supreme Court, the standoff intensified.

Texas Attorney General Ken Paxton rebuffed a Biden administration request that the state back off its takeover of a public park at Eagle Pass. That followed an incident in which three people drowned trying to cross the Rio Grande. The Department of Homeland Security said Border Patrol agents were "physically barred" from entering the area in responding to the incident.

"It is impossible to say what might have happened if Border Patrol had had its former access to the area &#; including through its surveillance trucks that assisted in monitoring the area," Solicitor General Elizabeth Prelogar said in a court filing on behalf of the Biden administration.

The Department of Homeland Security welcomed the high court&#;s order.

&#;Enforcement of immigration law is a federal responsibility,&#; a DHS spokesperson said in a statement. &#;Rather than helping to reduce irregular migration, the State of Texas has only made it harder for frontline personnel to do their jobs and to apply consequences under the law.&#;

Paxton, in a statement posted to X, said that the Supreme Court's order "allows Biden to continue his illegal effort to aid the foreign invasion of America."

"The destruction of Texas&#;s border barriers will not help enforce the law or keep American citizens safe," he said. "This fight is not over, and I look forward to defending our state&#;s sovereignty."

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