The US Supreme Court, in a split decision, has permitted federal border patrol agents to remove the razor wire installed by Texas on the US-Mexico border. The ruling, which came down 5-4, allows federal agents to access the border without facing tort claims from Texas. This follows recent deaths at the border crossing as well as acknowledged risks posed by the razor wire structures.
The case, currently on emergency docket, arises from a persisting border crisis clash between the Biden administration and Texas Governor Greg Abbott’s Lone Star border control policy. Notably, it was Governor Abbott who ordered the installation of the razor wire along the Rio Grande River to act as a physical barrier.
Responding to the Biden administration’s request, Texas Attorney General Ken Paxton defended the use of razor wire as a deterrent to unlawful entry. Meanwhile, the Abbott administration claims significant reductions in illegal crossings and notable criminal apprehensions since the inception of Operation Lone Star.
Biden’s request was heavily backed in a brief by Solicitor General Elizabeth Prelogar. She argued under the Supremacy Clause of the US Constitution that state law should not impede federal agents from executing federally authorized activities.
In the recent White House press briefing, it was emphasized that Biden wished to move swiftly with congressional action via an emergency supplemental national security request, in response to the volatile situation on the US-Mexico border.
The Supreme Court Justices voted along ideological lines, with Chief Justice John Roberts and Justices Amy Coney Barrett, Ketanji Brown Jackson, Elena Kagan, and Sonia Sotomayor approving Biden’s request. Conversely, Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Clarence Thomas voted in favor of Texas’ border policy. The justices have not disclosed their reasoning behind their respective positions.
This news item sheds light on the persisting tension on US-Mexico border control policies and their potential legal implications.