White House Taps Supreme Court To Rule On Texas Border Control

The Biden administration has recently approached the US Supreme Court, seeking authorization for border patrol agents to dismantle the razor-wire fencing installed by Texas along the US-Mexico border. In their appeal, they contend that the fencing, put in place by Texas’s Republican governor, obstructs border agents’ ability to apprehend migrants at the border. They argue that federal law empowers the government to remove such barriers.

The barbed wire barrier, erected by the Texas National Guard on privately owned land adjacent to the Rio Grande, forms a crucial part of Texas’ divisive strategies to tackle illegal immigration. Governor Greg Abbott, a Republican, has made rigorous border enforcement a central aspect of his governance, including arranging to bus tens of thousands of migrants to cities under Democratic control.

In October, Texas initiated a lawsuit against the federal government, claiming that border patrol agents had breached the wire fencing. This fencing was deliberately positioned on private properties in locations commonly used by migrants for entering the US.

The federal government contends that its agents need to relocate or cut through the fencing to effectively enforce border regulations and ensure safety. However, in December, the Fifth US Circuit Court of Appeals sided with Texas, decreeing that agents were permitted to cut or move the wire solely in medical emergencies. This decision led the Biden administration to seek intervention from the Supreme Court.

The administration argues in their court documents that the wire fencing has not deterred migrants from attempting to enter the US, but rather it has hindered border agents from reaching those who have already crossed the US-Mexico border. They warn that if the Fifth Circuit’s decision is upheld, it could leave the United States vulnerable to individual states trying to force the federal government to adapt the enforcement of federal immigration laws to various state-law standards.

Elizabeth Prelogar, the Solicitor General, emphasizes the challenging conditions faced by border patrol agents and the need for them to exercise discretion based on the situation to enforce federal immigration laws and maintain public safety. She points out that the existing court order restricts agents from bypassing or removing physical barriers set up by the state, which limits their access to the border and their capacity to detain and examine individuals.

Governor Abbott, alongside numerous members of the Republican party, has placed a high emphasis on immigration as a key political concern. He has sanctioned the deployment of floating barriers in the Rio Grande near Eagle Pass and empowered state troopers to detain and incarcerate thousands of migrants on charges of trespassing.