US Supreme Court lets Border Patrol remove Texas razor-wire fencing -
for now
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[January 23, 2024]
By John Kruzel
(Reuters) -The U.S. Supreme Court on Monday agreed to temporarily let
U.S. Border Patrol agents cut or remove razor-wire fencing that Texas
officials placed along part of the Republican-governed state's border
with Mexico to deter illegal border crossings.
The justices, in a 5-4 decision, granted a request by President Joe
Biden's administration to pause a lower court's ruling that temporarily
blocked federal agents from disturbing the fencing while litigation over
the issue proceeds.
Two conservative members of the court - Chief Justice John Roberts and
Justice Amy Coney Barrett - joined the three liberal justices in the
majority, with conservative Justices Clarence Thomas, Samuel Alito, Neil
Gorsuch and Brett Kavanaugh dissenting.
The New Orleans-based 5th U.S. Circuit Court of Appeals, which issued
the disputed interim ruling, is set to hear arguments on Feb. 7 over
whether Border Patrol agents violated Texas law by cutting the
razor-wire barrier.
The fencing at issue in the dispute was installed on private property
along the Rio Grande river by the Texas National Guard as part of what
was called Operation Lone Star, launched by Republican Texas Governor
Greg Abbott in 2021 to deter illegal border crossings.
Texas sued the administration in October 2023 over what it said was an
intensified practice by U.S. Customs and Border Protection agents of
cutting, destroying or otherwise damaging fencing that the state had
strategically placed on private land with the permission of landowners.
![](http://archives.lincolndailynews.com/2024/Jan/23/images/ads/current/castlemanor_sda_FINANCIAL_2017.png)
U.S. District Judge Alia Moses, while criticizing the Biden
administration for its "utter failure" to prevent unlawful entries into
the United States, ruled in November that the legal claims made by Texas
could not overcome the federal government's sovereign immunity in the
case. Such immunity protects the federal government from civil lawsuits
and criminal prosecution.
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![](../images/012324PIX/news_u13.jpg)
Razor and concertina wire, installed by the Texas National Guard, is
placed in Shelby Park at the U.S.-Mexico border in Eagle Pass,
Texas, U.S., January 16, 2024. REUTERS/Kaylee Greenlee Beal
![](http://archives.lincolndailynews.com/2024/Jan/23/images/ads/current/crossroadsantique_lda_010924.png)
After Texas appealed, the 5th Circuit on Dec. 19 granted the state's
request to temporarily block federal agents from "damaging,
destroying or otherwise interfering with" the razor-wire fencing
while the case played out, except "if necessary to address any
medical emergency."
The 5th Circuit in its ruling said Moses misinterpreted a law
granting the U.S. government immunity from some legal claims by
states, and that Texas was likely to prevail in its lawsuit.
The Biden administration, in a Jan. 2 court filing, urged the
justices to halt the 5th Circuit's ruling, saying there was no
indication that the wire had deterred migrants from crossing into
the United States.
In a subsequent Jan. 12 filing, the administration said Texas had
set up new barriers along part of the state's border with Mexico
that impeded the ability of Border Patrol agents to monitor and
respond to emergencies.
On Monday, the White House welcomed the Supreme Court's decision.
"Ultimately, we need adequate resources and policy changes to
address our broken immigration system.... That is why he (Biden) is
working to find a bipartisan agreement with Congress that includes
additional resources and meaningful policy reforms," a spokesperson
said in a statement.
Republicans have sharply criticized Biden's immigration policies and
the flow of illegal entries across the U.S. border with Mexico - an
issue certain to heat up ahead of the Nov. 5 election in which the
Democratic president is seeking another four years in office.
(Reporting by John Kruzel in Washington; Additional reporting by
Andrew Chung and Costas Pitas; Editing by Will Dunham and Michael
Perry)
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