A divided Supreme Court on Monday allowed Border Patrol agents to resume cutting for now razor wire that Texas installed along a stretch of the U.S.-Mexico border that is at the center of an escalating standoff between the Biden administration and the state over immigration enforcement.
The 5-4 vote clears the way for Border Patrol agents to cut or clear out concertina wire that Texas has put along the banks of the Rio Grande to deter migrants from entering the U.S. illegally. Some migrants have been injured by the sharp wire and the Justice Department has argued the barrier impedes the U.S. government’s ability to patrol the border, including coming to the aid of migrants in need of help.
None of the justices provided any explanation for their vote. The one-page order is a victory for the Biden administration while the lawsuit over the wire continues.
Texas Gov. Greg Abbott had authorized the wire, one of a series of aggressive measures the three-term Republican has taken on the border in the name of curbing illegal crossings from Mexico. His spokesman said the absence of razor wire and other deterrents encourages migrants to risk unsafe crossings and makes the job of Texas border personnel more difficult.
“This case is ongoing, and Governor Abbott will continue fighting to defend Texas’ property and its constitutional authority to secure the border,” Abbott spokesman Andrew Mahaleris said.
A spokesperson for U.S. Customs and Border Protection did not immediately return a message seeking comment Monday.
A federal appeals court last month had forced federal agents to stop cutting the concertina wire.
The concertina wire stretches for roughly 30 miles (48 kilometers) near the border city of Eagle Pass, where earlier this month the Texas Military Department seized control of a city-owned park and began denying access to Border Patrol agents.
Eagle Park has become one of the busiest spots on the southern U.S. border for migrants illegally crossing from Mexico. Abbott has said Texas won’t allow Border Patrol agents into Shelby Park anymore, having expressed frustration over what he says are migrants illegally entering through Eagle Pass and then federal agents loading them onto buses.
Abbott also has authorized installing floating barriers in the Rio Grande near Eagle Pass and allowed troopers to arrest and jail thousands of migrants on trespassing charges. The administration also is challenging those actions in federal court.
In court papers, the administration said the wire impedes Border Patrol agents from reaching migrants as they cross the river and that, in any case, federal immigration law trumps Texas’ own efforts to stem the flow of migrants into the country.
Texas officials have argued that federal agents cut the wire to help groups crossing illegally through the river before taking them in for processing.
Chief Justice John Roberts and Justices Amy Coney Barrett, Ketanji Brown Jackson, Elena Kagan and Sonia Sotomayor sided with the administration. Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Clarence Thomas voted with Texas.
—Weber reported from Austin, Texas. Associated Press writer Valerie Gonzalez in McAllen, Texas, contributed to this report.