Supreme Court allows federal agents to cut razor wire Texas installed on US-Mexico border

A divided Supreme Court on Monday allowed Border Patrol agents to cut razor wire that Texas installed on the U.S.-Mexico border, while a lawsuit over the wire continues.

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.

The concertina wire along roughly 30 miles (48 kilometers) of the Rio Grande near the border city of Eagle Pass is part of Texas Gov. Greg Abbott’s broader fight with the administration over immigration enforcement.

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.

A federal appeals court last month forced federal agents to stop cutting the concertina wire. Large numbers of migrants have crossed at Eagle Pass in recent months.

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.

No one provided any explanation for their vote.

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