(Daily Caller) The Supreme Court on Monday granted the Biden administration’s request to allow the border patrol to remove Texas’ border wire.
The justices agreed 5-4 to vacate an injunction put in place by the Fifth Circuit that temporarily blocked border patrol from cutting the wire installed by the state while the lawsuit is pending. Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh would have left the injunction in place, according to the order.
The Department of Homeland Security (DHS) asked the justices in an emergency application in early January to freeze the order, arguing the wire prevents agents from accessing “the very border they are charged with patrolling and the individuals they are charged with apprehending and inspecting.”
BREAKING: The Supreme Court allows border patrol to remove Texas border wire, siding with the Biden administration. pic.twitter.com/zekIrbU9rz
— Katelynn Richardson (@katesrichardson) January 22, 2024
While the application was pending at the Supreme Court, the Texas Department of Public Safety took control of Shelby Park in Eagle Pass, Texas, prompting the administration to respond in a court filing alleging the border patrol had been cut off from accessing the border near the park.
Texas Solicitor General Aaron Nielson argued in a response that the administration lacked “on-the-ground understanding” of the situation, noting crossings slowed down after the federal government withdrew.
