Conservative-Led Supreme Court Clears Path to Remove Razor Wire Border Barriers

  • by:
  • Source: Wayne Dupree
  • 01/22/2024
On Monday, the Supreme Court approved the Biden administration's request to overturn a lower court ruling regarding Texas's use of razor wire along the southern border. This decision paves the way for Border Patrol officials to dismantle physical barriers at the border.

The justices have made a ruling in response to a request by the Justice Department. The request was made after the U.S. Court of Appeals for the 5th Circuit halted the federal government's efforts to cut wire set up by Texas to prevent illegal border crossings. Although the justices did not provide further details on the decision, it signifies that the government is now able to commence the removal of the wire fences.

The Justices appointed by Republicans, namely Neil Gorsuch, Clarence Thomas, Samuel Alito, and Brett Kavanaugh, expressed their disagreement with the application to vacate the injunction.

The decision made on Monday is not the ultimate resolution to the heated dispute. In recent weeks, tensions have escalated between Texas and the federal government as they clash over how to address the immigration crisis. Since President Joe Biden assumed office, there has been a surge in the number of illegal immigrants crossing the border, reaching unprecedented levels.

In a filing on January 9, State Attorney General Ken Paxton (R-TX) stated that the Supreme Court's intervention was not needed at this time. He pointed out that the 5th Circuit had already scheduled expedited oral arguments for early next month, making the Supreme Court's involvement unnecessary.



The state asserts that the federal government lacks the authority to demolish Texas's property and asserts its claims. According to individuals who witnessed the events, Border Patrol agents were allegedly involved in the process of allowing a large number of migrants to enter Eagle Pass, Texas.

The Border Patrol argues that the barriers impede their agents from making arrests on immigrants who enter the country unlawfully. They also assert that the wire hinders their ability to provide emergency aid, and has resulted in injuries among immigrants.

A contentious issue revolves around the extensive deployment of concertina wire and shipping containers along the Texas-Mexico border. This measure was implemented with the aim of discouraging the influx of illegal border crossings, which numbered in the thousands. The state of Texas has allocated a significant amount of funds, totaling $9 billion, towards its border security initiative known as "Operation Lone Star." In recent weeks, there has been a significant increase in the number of illegal immigrants crossing the border near Eagle Pass. This influx has put a strain on the medical facilities of the town, which has a population of 28,000 people.



On January 12, the Department of Homeland Security alleged that Texas denied entry to the border, resulting in a tragic incident where a group of migrants attempted to cross and unfortunately, three individuals lost their lives due to drowning. The Texas Military Department stated that the allegations of them obstructing federal agents' access were completely false.

On December 5th, the 5th Circuit Court of Appeals suspended a previous court order that allowed Border Patrol agents to cut the wire fences that Texas had installed along the border. As part of their guidelines, the judges made a provision for agents to bypass the barrier in case of a medical emergency.

The 5th Circuit's injunction was issued following a district court judge's ruling in October, which favored Texas. The judge found that the barriers effectively deter illegal crossings, which in turn reduce the financial burden on the state. However, the court rejected the state's request to temporarily prevent Border Patrol agents from accessing the international border or interfering with the barrier during the ongoing litigation.



 

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