More than 10 million people have been reported illegally entering the United States since President Joe Biden took office in January 2021, the greatest number in history and of any administration.
They total more than the individual populations of 41 states.
In an attempt to stop illegal immigration into his state, Texas Governor Greg Abbott ordered the Texas Military Department to take control of Shelby Park, which lies along the Rio Grande River in the city of Eagle Pass.
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On January 10, the Texas National Guard shut down the park, denying border patrol agents access to it.
In response, the Biden administration sued Texas hoping to stop their state officials from trying to secure their border.
The case made it up to the Supreme Court.
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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.
By a 5-4 vote, 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.
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.
The Supreme Court has given deference to the federal government in cases involving states trying to secure their borders with Mexico.
Article VI Supreme Law
Clause 2 Supremacy Clause
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
Article I, Section 8, Clause 18:
[The Congress shall have Power . . . ] To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
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.
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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.
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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.
BREAKING: The Supreme Court has ruled 5-4 that Border Patrol agents *are* allowed to remove razor wire installed by Texas.
The invasion goes on.
After a desperate request filed by Biden to open the flood gates, the Court decided that the illegal surge should continue by… pic.twitter.com/c4WmWnhCs7
— Collin Rugg (@CollinRugg) January 22, 2024
Texas Governor Abbott Responded to the Supreme Court Ruling; “I Will Continue to Defend Texas’ Constitutional Authority to Secure the Border”
This is not over.
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.https://t.co/pV7Cuq57d1
— Greg Abbott (@GregAbbott_TX) January 22, 2024
Texas Attorney General Ken Paxton also weighed in.
The Supreme Court’s temporary order allows Biden to continue his illegal effort to aid the foreign invasion of America. The destruction of Texas’s border barriers will not help enforce the law or keep American citizens safe. This fight is not over, and I look forward to defending…
— Attorney General Ken Paxton (@KenPaxtonTX) January 22, 2024
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