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Biden DOJ Requests Supreme Court Action on Texas Border Razor Wire

On Tuesday, the Biden administration asked the Supreme Court to step in on a legal conflict with Texas regarding the removal of razor wire at the southern border. This request followed a decision by the Fifth Circuit Court of Appeals last month, which prevented the administration from interfering with Texas’s razor wire fence near Eagle Pass, Texas, except in medical emergencies.

Texas had initiated legal action against the federal government in October, objecting to the removal of sections of the 29-mile wire fence, claiming it undermined state-owned property and border security efforts.

The federal government contends that the razor wire impedes Border Patrol operations, as agents are required to apprehend migrants who enter U.S. soil and address any risks to personnel or migrants.

While the Department of Homeland Security declined to comment on ongoing litigation, it emphasized Border Patrol’s responsibility to detain unauthorized entrants and address hazardous conditions.

A federal district court initially rejected Texas’s request for a preliminary injunction, but the Fifth Circuit granted it. In response, the DOJ has now sought temporary relief from the Supreme Court to enable the federal government to manage the razor wire fence at its discretion.

The DOJ’s application argues that the Fifth Circuit’s decision contradicts the Supremacy Clause by prioritizing state law over federal authority. It warns of potential consequences where states could compel the federal government to adapt its immigration law enforcement to varying state laws.

Governor Greg Abbott of Texas has responded to the DOJ’s filing, anticipating a legal victory for the state and affirming Texas’s commitment to deploying the National Guard and constructing barriers to curb illegal immigration.

This legal dispute is part of a broader conflict between the DOJ and Texas over immigration issues. Another ongoing lawsuit involves Texas’s construction of a barrier in the Rio Grande River, with a recent appeals court ruling ordering the removal of part of this barrier.

Additionally, the DOJ has threatened legal action against Texas over a new immigration law empowering state and local law enforcement to arrest illegal immigrants, arguing it disrupts federal operations and is unconstitutional. Governor Abbott’s office has stated Texas is ready to defend this legislation up to the U.S. Supreme Court.

Amid these legal battles, Fox News reported a record number of migrant encounters at the southern border, surpassing 300,000 in December.