The Supreme Court of the United States has temporarily authorized the cutting or removal of razor-wire fencing along the Texas–Mexico border by the Border Patrol. The administration of President Joe Biden requested a stay of a lower court’s order that had barred federal authorities from interfering with the fencing, and this 5-4 vote complies to their request. The 5th U.S. Circuit Court of Appeals, which is located in New Orleans, will hear cases involving potential Texas law violations by Border Patrol agents who cut the razor-wire barrier.
Private land along the Rio Grande river had the aforementioned fencing put up by the Texas National Guard as part of Operation Lone Star, an initiative launched by Texas Governor Greg Abbott to discourage the illegal crossing of the border. In October 2023, the state of Texas filed a lawsuit against the Biden administration, claiming that US Customs and Border Protection personnel were breaking strategically erected fences on privately owned land, even though the owners had given their consent.
In November, U.S. District Judge Alia Moses found that Texas’ legal grounds could not override the federal government’s sovereign immunity, even though she criticized the Biden administration for failing to prevent illicit entry into the U.S. While the case was pending further review, the 5th Circuit temporarily halted federal authorities’ ability to tamper with the razor-wire fence.
According to the Biden administration, the wire was ineffective in discouraging migrants, and they pleaded with the Supreme Court to reverse the 5th Circuit’s decision. The federal government further asserted that Texas had erected additional obstacles that made it harder for Border Patrol personnel to keep an eye out for and deal with any crises that may arise.
In light of the Supreme Court’s ruling, the White House has called for new policies and more funding to fix the immigration system. As President Biden runs for reelection on November 5, Republicans will likely use the border crisis as a wedge issue in their criticisms of the Democratic Party.
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