Supreme Court Rules in Favor of Biden Administration to Remove Razor Wire from US-Mexico Border
The Supreme Court has granted a request from the Biden administration, allowing US Border Patrol agents to remove razor wire deployed by Texas Governor Greg Abbott at the US-Mexico border. This decision comes amidst a legal challenge by the state of Texas against the removal of the razor wire. The vote was narrowly divided at 5-4, with Justices Thomas, Alito, Gorsuch, and Kavanaugh dissenting.
This ruling is a significant win for President Biden in the ongoing dispute over border policy with Governor Abbott. The contention escalated recently following the drowning of three migrants in a section of the Rio Grande, which was obstructed by Texas officials. The Biden administration had been pressing for the Supreme Court's intervention, especially after a federal appeals court had ordered the Border Patrol agents to halt the removal of razor wire in a particular stretch of the Rio Grande while legal proceedings continued.
CNN Supreme Court analyst Steve Vladeck noted that the order is a victory for the Biden administration, but the delay in issuing it raises future concerns about constitutional federalism principles. The White House welcomed the decision, with spokesman Angelo Fernández Hernández expressing satisfaction that the order would allow frontline personnel to perform their duties effectively.
Andrew Mahaleris, a spokesman for Governor Abbott, criticized the absence of razor wire, claiming it encourages unsafe and illegal crossings. The Department of Homeland Security also welcomed the decision, emphasizing the federal responsibility for enforcing immigration law.
Solicitor General Elizabeth Prelogar had argued that the appeals court ruling contradicted the Constitution’s Supremacy Clause, which prioritizes federal laws over state laws. She also highlighted Texas's recent actions, such as erecting new barriers, as an escalation in efforts to impede federal border patrol duties.
The dispute centers around Texas's lawsuit last year to stop Border Patrol agents from cutting concertina wire, arguing it illegally destroyed state property and compromised security. The 5th Circuit is set to hear oral arguments in the case on February 7. Texas urged the Supreme Court to deny the Biden administration's request, arguing there was no need for the Court's intervention.
The Biden administration has called for comprehensive immigration reform to address challenges at the border. President Biden acknowledged the border's insecurity and called for congressional action to provide additional resources.
