Supreme Court's 5-4 decision allows feds to cut a razor wire fence installed by the state
Chris Clem on SCOTUS border decision: This is Abbott vs Biden
Retired Yuma Sector Border Patrol Chief Chris Clem reacts to the Supreme Court decision that ruled the federal government can remove Texas' border razor wire
A former Border Patrol official is putting a positive spin on the Supreme Court's decision to give the federal government authority over Texas' efforts to secure its southern border.
In court papers, the Biden administration argued that Texas' use of a razor wire fence along the state's border with Mexico impedes Border Patrol agents from reaching migrants as they cross the river. More notably, the government asserted that in any case, federal immigration laws trump Texas' own efforts to stem the flow of migrants into the country.
Retired Yuma Sector Border Patrol Chief Chris Clem told Fox News Tuesday that the high court siding with the executive branch would give a future Republican administration authority over states to secure the border.
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"While it kind of hurts right now, let's play the long game," Clem said on "America's Newsroom." "These Supreme Court rulings are going to set precedent. Three of the four border states on the southern border are run by Democratic governors who really aren't enforcing the law. Texas is. When there's a change in administrations, hopefully as soon as this upcoming election, we're going to use those precedents to go ahead and do what we need to secure this border."
In a 5-4 vote Monday, the justices granted an emergency appeal from the Biden administration, which has been in an escalating standoff at the border with Texas and had objected to an appellate ruling in favor of the state.
The court’s decision allows Border Patrol agents to cut concertina wire that Texas had installed along the border near Eagle Pass while litigation continues.
FILE - The U.S. Supreme Court is seen, Nov. 15, 2023, in Washington. (AP Photo/Mariam Zuhaib, File)
The roughly 30 miles of wire had been installed as part of Texas Gov. Greg Abbott's broader fight with the administration over immigration enforcement and attempts to stem the historic flow of migrants across the border since Biden's term began.
"This is Abbott vs. Biden," Clem argued. "This isn't the state of Texas vs. Border Patrol, which is what I see and hear from some of the talking heads coming out of Washington and DHS."
Brandon Judd, president for the National Border Patrol Council, said the court's ruling would "undoubtedly encourage more illegal immigration."
"Unfortunately, this means Border Patrol agents are going to be tied up dealing with give ups rather than going after the criminal elements that constantly cross our borders illegally," Judd said in a statement to Fox News.
Fox News' Bradford Betz contributed to this report.
Elizabeth Heckman is a digital production assistant with Fox News.
