Biden Requests Supreme Court Approval for Border Wire Adjustments in Texas
- The Biden administration has asked the Supreme Court to allow federal Border Patrol agents to cut through or move a razor wire installed by Texas on the U.S.-Mexico border. This wire is part of the state’s effort to prevent illegal border crossings, and the administration argues it inhibits agents from accessing migrants who have already crossed the border.
- The issue arose when Border Patrol agents cut through the razor wire, leading Texas to sue on the grounds of trespassing and damage to state property. A federal judge did not impose an injunction against the federal government, but the 5th U.S. Circuit Court of Appeals ruled in favor of Texas, barring agents from cutting or moving the wire outside of a medical emergency.
- The wire forms part of Texas Governor Gregg Abbott’s immigration enforcement plan, “Operation Lone Star”. The plan also includes busing migrants to democratic-led cities and arresting migrants on trespassing charges. The state had previously placed buoys in the Rio Grande to prevent crossings, which led to a suit from the Biden administration and an order from lower courts to remove the buoys.
Biden Administration Appeals to Supreme Court on Texas Border Issue
The Biden administration recently requested the Supreme Court to allow Border Patrol agents to manipulate razor wire installed by Texas on the U.S.-Mexico border. The wire, part of Texas’s strategy against illegal border crossings, hinders agents’ access to migrants who have entered the U.S.
Solicitor General Elizabeth Prelogar argued that Texas has no grounds to disrupt Border Patrol agents from performing their federal duties. Texas’s stance has emerged from the measures implemented by Governor Gregg Abbott, a Republican, including the razor wire installation near the Rio Grande river at Eagle Pass, Texas.
After the Border Patrol agents interfered with the razor wire, Texas sued, alleging agents had violated and damaged state property. Although a federal judge did not impose an injunction against the federal government, the 5th U.S. Circuit Court of Appeals ruled in favor of Texas, permitting agents to alter the wire only in medical emergencies.
Prelogar noted that these agents, like other law-enforcement officers, must make immediate, context-dependent decisions at the border to enforce federal immigration laws without compromising public safety. She pointed out that the injunction hinders agents from bypassing or moving state-erected physical barriers that obstruct their patrolling and apprehension duties.
Abbott’s strategy, titled Operation Lone Star, also includes transporting migrants to Democratic-led cities and arresting them on trespassing charges. The state also tried to prevent crossings by installing buoys in the Rio Grande, which led to a lawsuit from the Biden administration. Lower courts ordered the removal of these buoys.
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