Texas AG Paxton promises ‘fight is not over’ after SCOTUS rule on Biden admin’s razor wire cutting

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Fox's first appearance: Texas Attorney General Ken Paxton said on Monday that the Biden administration's emergency appeal to allow Border Patrol agents to resume cutting Texas-installed razor wire at the southern border is “not a fight.” “It's not over,” he promised.

“The Supreme Court's interim order allows Mr. Biden to continue his illegal efforts to support foreign invasions of the United States,” Paxton said in a statement to Fox News Digital.

“Demolishing Texas' border wall will not help enforce our laws or keep Americans safe,” he said. “This fight is far from over, and I look forward to defending the sovereignty of our state.”

Supreme Court approves Biden in Texas border wire case.Border Patrol makes decisions

In a 5-4 decision, the court ruled that the federal government can resume removing the fence erected along Texas' southern border near Eagle Pass while litigation continues.

Chief Justice John Roberts and Justice Amy Coney Barrett joined the three liberal justices in voting 5-4 to allow the trial to resume. Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh would have denied the request to revoke the injunction, the court said.

FILE – Migrants entering the United States from Mexico are greeted by bellows wire along the Rio Grande on Thursday, Sept. 21, 2023, in Eagle Pass, Texas. (AP Photo/Eric Gay, File)

Paxton sued the administration in October over the damaged power lines, which he said obstructed the state's border security efforts and undermined its ability to deter illegal immigration.

The Biden administration has announced that once immigrants enter the U.S. mainland, border guard They needed to be arrested and the wires would “impede the Border Patrol's ability to secure the border.” The administration also maintains that federal immigration law supersedes Texas' own border control efforts.

A panel of the Fifth Circuit Court of Appeals granted the request for a preliminary injunction. The Justice Department had asked the Supreme Court for temporary relief to allow the federal government to remove the razor fence.

“The appellate court's dissenting ruling overturns the supremacy clause by requiring that federal law succumb to Texas law,” the court application argued. “If the court's rationale is accepted, the United States will be at the mercy of countries seeking to force the federal government to align its enforcement of federal immigration laws with various state legal systems.”

Justice Department reinstates SCOTUS action after Texas seizes border area and blocks Border Patrol access

Ken Paxton in front of the Supreme Court

Texas Attorney General Ken Paxton speaks in front of the U.S. Supreme Court in Washington, DC, on November 1, 2021. (Drew Angerer/Getty Images)

Brandon Judd, president of the National Border Patrol Council, said the ruling will “certainly lead to an increase in illegal immigration.”

“Unfortunately, this means that Border Patrol agents will always be busy dealing with abandonment rather than pursuing criminal elements crossing the border illegally,” Judd said in a statement to Fox News. Stated. “The administration will no doubt say this is a victory for border security, but if you ask the public for input, they will tell you that this is quite the opposite. This administration's policies support what the state of Texas was trying to accomplish in the absence of policy. ”

Texas denounces 'despicable' comments, White House stands by statement on migrant drowning

The battle is one of several between the federal government and the Lone Star State over the status of the southern border. The Justice Department also sued the state for placing buoys in the Rio Grande to deter illegal crossings.

Meanwhile, the federal government is also filing a lawsuit over the recently signed Anti-Illegal Immigration Act, which allows Texas state and local law enforcement to arrest illegal immigrants.


Tensions escalated this month when Texas occupied the Shelby Park area of ​​Eagle Pass, blocking Border Patrol access. The move also brought threats of lawsuits from the administration.

FOX News' Bradford Betts, Bill Mears and Bill Melgin contributed to this report.



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