Critics are voicing disdain for Monday's Supreme Court ruling that allowed Border Patrol agents to cut razor wire installed by the state of Texas to stem the flow of illegal border crossings.
Texas had installed about 30 miles of bellows wire along the U.S.-Mexico border near Eagle Pass. Razor wire was at the center of an escalating standoff between the Biden administration and states over immigration enforcement.
File: National Guard soldiers guard the banks of the Rio Grande at Shelby Park in Eagle Pass, Texas, on January 12, 2024. ((Photo credit: Brandon Bell/Getty Images))
Justice Roberts cast the deciding vote, with Justices Thomas, Alito, Gorsuch, and Kavanaugh dissenting. Judge Amy Coney Barrett, who was appointed by President Trump, also joined the majority.
None of the justices offered an explanation for the 5-4 vote.
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The Justice Department argued that the barrier impedes the U.S. government's ability to provide border security, including assistance to immigrants in need.
Governor Abbott said the fight is “not over.”
“Razor wire in Texas is an effective deterrent to illegal crossings that Mr. Biden is encouraging,” he said. “I will continue to protect Texas' constitutional authority, secure our borders, and stop the Biden administration from destroying our nation's assets.”
Lt. Gov. Dan Patrick called the SCOTUS ruling “very disappointing and frustrating.” He singled out Chief Justice Roberts for “siding with the liberals on this court on this import border issue.”
“Our country is being invaded by millions of people, including terrorists, dangerous criminals, and smugglers who bring in the fentanyl that kills Americans every day. Justice Roberts did not explain his vote.”
South Carolina Sen. Tim Scott accused the Biden administration's policies of creating an “illegal immigration crisis.”
“But this is beyond inaction,” he said. “President Biden is actively aiding and abetting the largest invasion of our southern border our country has ever seen.”
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Sen. Marco Rubio of Florida questioned, “How is it even possible that we have a 'border security agreement' with the Biden administration, which just went all the way to the Supreme Court to block border security?”
Rubio appeared on The Ingraham Angle show Monday night and called for an overhaul of the asylum process, saying it was being “abused.”
“The law must be enforced by the executive branch,” Rubio said. “The law hasn't changed since the Trump era and with Biden as president. What has changed is how the law is applied and enforced.”
Representative Thomas Massie of Kentucky asked Congress to intervene.
“You know who can solve this problem and literally overrule the Supreme Court and the White House in Texas v. Biden? Congress,” he said. “In fact, Justice Scalia briefed a group of us during breakfast at the Capitol Hill Club. He told us to stop funding things we didn't like.”
Meanwhile, the Texas Republican Party called on Texans to tell Governor Abbott to “stand strong and tell federal authorities to come and end the policy.”
The White House praised the Supreme Court's decision. White House Press Secretary Angelo Fernandez Hernández said razor wire “prevented front-line workers from performing critical federal functions and impeded our ability to respond to emergency humanitarian situations and enforce the law.” ” he said.
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“Texas' political stunts, such as installing razor wire near the border, simply make the jobs of front-line workers harder and more dangerous. Ultimately, we need to address our broken immigration system. “We need sufficient resources and policy changes to make this happen,” he said.
Port staff use bellows wire to repel illegal immigrants. (Texas DPS)
“That's why President Biden is working to present a comprehensive immigration reform proposal to Congress on his first day in office, finding a bipartisan agreement with Congress that includes additional resources and meaningful policy reforms.”
A DHS spokesperson said immigration enforcement is the responsibility of the federal government.
“Rather than helping reduce illegal immigration, Texas is simply making it harder for front-line workers to do their jobs and enforce legal consequences,” the spokesperson said. “We can enforce the law and manage it in a safe, humane and orderly manner.”
But the Border Patrol Union rejected the Supreme Court's ruling.
Governor Abbott had authorized the installation of the power lines as part of an aggressive effort to curb illegal immigration from Mexico. A federal appeals court last month forced federal officials to stop cutting the bellows wire.
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The concertina wire stretches for about 30 miles near the border city of Eagle Pass, where the Texas Department of Military Affairs took control of the city-owned park earlier this month and began denying Border Patrol agents access.
Eagle Park has become one of the busiest points on the U.S. southern border for immigrants entering the country illegally from Mexico. Abbott says Texas will no longer allow Border Patrol agents into Shelby Park, frustrated that migrants are entering the country illegally through Eagle Pass and federal agents are loading them onto buses. expressed.
Texas officials installed razor wire at Shelby Park in Eagle Pass, defying the Biden administration's order to end state takeovers of areas along the Rio Grande. (Matt Finn)
Mr. Abbott also authorized the installation of a floating barrier on the Rio Grande near Eagle Pass and authorized officers to arrest and jail thousands of immigrants on charges of trespassing. The administration is also challenging these actions in federal court.
The administration says in court documents that the wires prevent Border Patrol agents from accessing migrants crossing the river, and in any case, federal immigration law supersedes Texas' own efforts to stem the flow. He said there was.
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Texas authorities claim federal agents cut the wire to help a group illegally crossing the river and then removed it for processing.
Fox News' Adam Shaw and The Associated Press contributed to this report.
