The U.S. Supreme Court has ruled that Texas must allow federal border agents access to areas along the Texas-Mexico border fortified with razor-sharp concertina wire. This decision marks a major reversal of previous lower court rulings and highlights the federal government’s supremacy over border security.
The Texas Tribune reported that on Monday, the Supreme Court issued a 5-4 order revoking an injunction by the 5th U.S. Circuit Court of Appeals, emphasizing federal jurisdiction in border enforcement.
The case originated when Texas sued the federal government over Border Patrol agents cutting through concertina wire installed along the Rio Grande as part of Governor Greg Abbott's Operation Lone Star.
This operation was intended to curtail illegal immigration and bolster state-level security by placing troopers along the 1,200-mile border and deploying tens of thousands of rolls of razor wire.
In recent years, tensions have grown between Texas and the federal government regarding the handling of border security. Texas officials ramped up efforts to stop migrant crossings by installing concertina wire and limiting access at critical points such as Shelby Park in Eagle Pass.
According to the state, the absence of wire encourages unsafe crossings, leading to dangerous conditions for migrants and complicating enforcement for state personnel.
However, federal agents, including those from the Border Patrol, have sometimes cut through this wire to assist injured migrants attempting to cross into the United States. Texas Attorney General Ken Paxton filed a lawsuit, claiming these actions amounted to federal destruction of state property.
A U.S. district court judge ruled that Border Patrol agents did not violate the law when they cut through the wire, a ruling Texas contested, taking the case to the 5th Circuit. The appellate court paused the lower court’s ruling, siding with Texas temporarily.
The Supreme Court’s recent ruling effectively vacated the 5th Circuit’s injunction, siding with the federal government’s stance on border enforcement. Notably, Chief Justice John Roberts and Justice Amy Coney Barrett joined the court's three liberal justices in the 5-4 ruling, demonstrating a bipartisan stance on the issue.
The Biden administration has voiced concerns over Texas' border strategies, with White House officials arguing that methods such as the placement of razor wire interfere with federal immigration policy.
They believe that placing obstacles like these increases the risks faced by migrants and makes enforcement more difficult for federal agents.
In response, Texas officials have remained defiant, with Governor Greg Abbott’s spokesperson, Andrew Mahaleris, accusing the Biden administration of encouraging unsafe and illegal crossings. According to Mahaleris, Texas' deterrence strategies are necessary to prevent illegal immigration.
Operation Lone Star, a state-funded initiative, has spent over $11 million to deploy concertina wire and expand border enforcement.
State troopers, National Guard members, and other personnel have been deployed along the Texas-Mexico border, tasked with curbing illegal crossings. These state-led efforts have sparked several disputes with the federal government, leading to multiple lawsuits.
One high-profile case involved the use of floating barriers in the Rio Grande, a measure Texas employed to further prevent migrant crossings. In December, the 5th Circuit ruled against the state, ordering the removal of these barriers, although Texas has since asked the appeals court to reconsider the decision.
The latest confrontation occurred in January, when Texas National Guard members blocked federal agents from accessing parts of the Rio Grande near Eagle Pass. The Biden administration sent a cease-and-desist letter, prompting the Supreme Court’s intervention.
Texas disputed the federal government’s account of events, maintaining that the state’s actions were aimed at safeguarding its borders.
Despite the ongoing legal battles, immigration rights groups have criticized Texas' tactics, particularly the use of concertina wire and floating barriers. They argue that labeling immigration as an “invasion” inflames tensions and endangers the lives of migrants and border patrol agents alike.
The Supreme Court’s ruling reiterates that border enforcement remains the responsibility of the federal government, not the states. Texas Attorney General Ken Paxton, however, remains committed to challenging the federal government’s role in border security. Paxton characterized the court's order as an effort to "aid the foreign invasion of America."
“This fight is not over,” Paxton said, indicating that the state will continue to defend its policies.
Meanwhile, federal officials have underscored the need for greater cooperation between state and federal authorities to address what they describe as a "broken" immigration system. The Biden administration has called for additional resources and policy changes to resolve the ongoing crisis at the border.
