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Texas AG Paxton: ‘Fight Goes On’ After SCOTUS Razor Wire Ruling

On Monday, Texas Attorney General Ken Paxton pledged to continue his efforts following the Supreme Court’s emergency ruling, which favored the Biden administration. This decision permits Border Patrol agents to cut through the razor wire installed by Texas along the southern border.

Paxton criticized the ruling, claiming it supports an “illegal effort” that could lead to a “foreign invasion of America,” and asserted that removing Texas’s border barriers won’t enhance law enforcement or safety for American citizens. He expressed his commitment to defending Texas’s sovereignty.

The Supreme Court’s narrow 5-4 decision allows the federal government to proceed with removing the barrier near Eagle Pass during ongoing legal battles. Chief Justice John Roberts and Justice Amy Coney Barrett sided with the three liberal justices in the decision, while Justices Thomas, Alito, Gorsuch, and Kavanaugh opposed.

Paxton’s lawsuit in October accused the Biden administration of interfering with Texas’s border security measures and hindering efforts to deter illegal entry. The administration, however, argues that Border Patrol must apprehend migrants once they’re on U.S. soil and that the razor wire impedes their ability to patrol effectively. They also contend that federal immigration law takes precedence over Texas’s border control initiatives.

The Fifth Circuit Court of Appeals previously favored Texas with a preliminary injunction, but the Department of Justice sought the Supreme Court’s intervention for flexibility in fence removal.

The Department of Homeland Security welcomed the Supreme Court’s order, emphasizing that immigration law enforcement is a federal responsibility. They argued that Texas’s actions complicate the work of frontline personnel and disrupt the orderly enforcement of immigration laws.

Brandon Judd, President of the National Border Patrol Council, warned that the ruling might boost illegal immigration and strain Border Patrol resources, as they deal with increased numbers of asylum seekers instead of focusing on criminal activities at the border. He criticized the administration’s approach and suggested that the agents’ perspective differs from the official stance.

This ongoing dispute is one of several clashes between Texas and the federal government over southern border policies. The Department of Justice has also challenged Texas’s actions, such as deploying buoys in the Rio Grande and a new law empowering state and local law enforcement to arrest illegal immigrants. Recent tensions escalated when Texas blocked Border Patrol access to the Shelby Park area in Eagle Pass, prompting potential legal action from the federal government.