Jan. 23 (UPI) — The U.S. Supreme Court has sided with the Biden administration, allowing it to remove razor wire Texas has erected along the U.S. southern border to prevent migrants from entering the state.
The justices on Monday ruled 5-4 in favor of vacating an appeals court ruling that halted the Biden administration from removing the wire amid litigation on the case.
The ruling is a set back for Texas Gov. Greg Abbott who is in a protracted fight with President Joe Biden over the White House’s immigration policies, and has employed several controversial moves in retaliation, including bussing migrants from Texas to Democrat-led cities and deploying a water barrier of buoys along the Rio Grande River, among others.
“This is not over,” the Republican governor said in a statement on X in response to the Supreme Court’s ruling. “Texas’ razor wire is an effective deterrent to the illegal crossings Biden encourages. I will continue to defend Texas’ constitutional authority to secure the border and prevent the Biden Admin from destroying our property.”
His attorney general, Ken Paxton, said he looks forward to defending the state’s anti-migrant measure in court.
“The destruction of Texas’ border barriers will not help enforce the law or keep American citizens safe,” he said in a separate statement.
Since the launch of Operation Lone Star in March 2021, Texas has installed miles of concertina wire, but the Biden administration has been removing the barriers, arguing they hinder its ability to manage the border.
In October, Paxton sued the Biden administration on allegations that it was destroying the state’s property “to encourage and assist thousands of aliens to illegally crosse the Rio Grande and enter Texas,” according to the initial court document.
In late November, a federal judge permitted the Biden administration to continue to remove the wire amid litigation, but the Fifth Circuit Court of Appeals days later ruled that they must stop.
The Supreme Court offered no reason for vacating the Fifth Circuit Court’s ruling.
Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh said they would have denied the Biden administration’s request.
