Biden asks high court to allow Border Patrol to cut Texas’ razor wire installed on border by state’s Operation Lone Star

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By BETHANY BLANKLEY

The Biden administration appealed to the U.S. Supreme Court to intervene in one of its border lawsuits with Texas, one of several expected to eventually be ruled on by the nation’s highest court.

At issue is a lawsuit Texas filed against the Biden administration after Border Patrol agents destroyed concertina wire barriers erected on Texas soil by officials working through Gov. Greg Abbott’s border security mission, Operation Lone Star. As the case progresses before a federal district court, the Fifth Circuit last month handed Texas a win, issuing an administrative stay preventing the federal government from cutting, removing or destroying the wire, with few exceptions.

A separate federal lawsuit challenging Texas’ marine barriers is currently before the Fifth Circuit. In a third lawsuit, an Eagle Pass kayaking company sued over the marine barriers in a broader attempt to end OLS.

Because the federal government has abdicated its responsibility to secure the border and prevent illegal entry, Abbott maintains, he implemented OLS and several border security measures including erecting a range of barriers along the Rio Grande River. In response to some of the OLS efforts, the Biden administration ordered the destruction of the concertina barriers and sued over the marine barriers.

In a case that went through multiple rulings, the Fifth Circuit last month ultimately issued an injunction barring Border Patrol agents from cutting, removing or destroying the concertina barriers, with exceptions, in an area near Eagle Pass, Texas. After the ruling, Abbott said Texas will continue to hold accountable the Biden administration “for attacking Texas’ sovereign authority and their attempts to obstruct our border security efforts.”

On Tuesday, U.S. Solicitor General Elizabeth Prelogar, representing the federal government, asked the justices to intervene. According to court documents, she said the Fifth Circuit ruling has “serious on-the-ground consequences” because it prevents Border Patrol agents from apprehending foreign nationals after they crossed the Rio Grande River to illegally enter Texas between ports of entry. She said the Fifth Circuit’s ruling was “manifestly wrong” because it “prohibits Border Patrol agents from cutting or moving Texas’s wire barriers that physically block agents from accessing the international border and reaching migrants who have already entered U.S. territory.”

There are 29 ports of entry where foreign nationals can attempt to legally enter Texas, Abbott argues, more than any other state in the U.S. Border Patrol agents are also stationed along 1,250 miles of Texas’ shared border with Mexico.

If the Fifth Circuit’s injunction is allowed to stand, Prelogar argued, it would “leave the United States at the mercy of States that could seek to force the federal government to conform the implementation of federal immigration law to varying state-law regimes.”

Abbott maintains that the federal government isn’t enforcing federal immigration laws, necessitating the need for OLS. From April 2021 to December 2023, Texas officers under OLS have apprehended more than 491,100 illegal foreign nationals and made more than 37,800 criminal arrests, with more than 34,300 felony charges. They’ve also seized more than 450 million lethal doses of fentanyl, enough to kill more than everyone in the U.S. and Canada.

“Every individual who is apprehended or arrested and every ounce of drugs seized would have otherwise made their way into communities across Texas and the nation due to President Joe Biden’s open border policies,” Abbot argues. The Texas Legislature has expressed support for Abbott’s efforts, having allocated over $11.5 billion to border security efforts for a four-year period.

On Wednesday, Abbott responded to a video posted by U.S. Rep. Matt Gaetz, R-Florida, showing Border Patrol agents cutting concertina wire. He said, if this video was taken on Jan. 3, “it means that the Biden Admin. is in direct violation of a current court order by the 5th circuit court of appeals prohibiting the border patrol from cutting the razor wire erected by Texas. If true, we will seek contempt of court.”

The high court on Wednesday gave Texas a deadline of Jan. 9 to respond to the administration’s application.

Justice Samuel Alito, the circuit justice for the Fifth Circuit, will first review the case.

20 COMMENTS

  1. NOTHING better demonstrates the abject anti-American destructionist policies of the Usurper China Joe PotatoHead regime than their malicious and malevolent attempts to PREVENT Texas state authorities from defending their portion of the US border.

    How can any regime apologist, no matter how conformist or weak-minded, defend this action by the completely illegitimate federal government?

  2. Good for Texas. I praying their lawsuit is successful and more states follow their lead. One of a state’s leaders duty and responsibilities is protecting those living under their leadership. Regardless the White House’s current agenda, State leaders still have an obligation snd responsibility to protecting their state’s residents. This is much better than retaliating bussing the migrants across the USA. That action wasn’t respecting other states leaders and helping other leaders protect US citizens and residents of other states.

  3. Poor policies are the result of poor legislation. The MAGA Republicans are too chaotic to create good policies, or good legislation.

    • Yah mon, speak it! Only dem Democrats know how ta do tings good.
      Like dat ol man in da White House who be always poopin his pants.

      Now pass me round that spliff of ganga agin.
      Jah be praised!

    • ‘MAGA’ Republicans have never been ‘in charge’, so their legislation has never been stress tested.
      Even way back in 2017-2018, it was Paul Ryan holding the gavel – he spent his time obstructing the MAGA Republicans on border policy, while John McStain (Rest in Piss) vetoed attempts to reverse last minute Obama regulations on Alaskan oil production.

      On the other hand, Pelosi Democrats were firmly in charge during 2021-2022, with a House, Senate and Presidency all taking orders from the same cabal. All they did was gaslight us while they turned a trickle of illegal aliens into a flood. Right after the courts allowed Democrats to demolish the last of Trump’s COVID era executive orders.

      • Apu, your passing comment about the traitorous warmonger Chipmunk Cheeks McCain is absolute gold! What a contemptible and reprehensible RINO that POS truly was.

  4. Biden isn’t doing the work here, it’s his globalist handlers intent on destroying our country. They’re not shy about hiding it anymore. It’s more like we’re moving ahead and there’s nothing you can do.

  5. If the federal government abdicates its responsibility, don’t be butt hurt when the states take the reigns.

  6. All would be slowed to a trickle if the administration would but threatened to cut off the strong trade relationship with Mexico. I would venture to say that many of the migrants are now not sure of their decision, they were painted a prettier picture of of our land of opportunity, not expecting to be herded about at the mercy of government agencies. The criminal element is doing well, apparently.

  7. Immigration in AN issue but not THE issue here. Cruelty is. What crime has an immigrant family committed that justifies lacing razor concertina wire along a route of buoys? Imagine your. 10 year old boy bleeding out and drowning in the river. That Texas can defend this is despicable.

    • Cal, your comment is utterly and profoundly stupid, it is intellectually insulting to be forced to actually respond to it.

      But for starters, how about the invading illegal alien family NOT illegally try to cross the border in the first place?

      Are locks on doors “cruel” to thieves?

      • I guess getting hung up on razor wire is preferable to having your headless torso hung off an overpass. That a country allows that might be deemed “despicable”.

  8. An example of the people using their executive to execute their will on their behalf. Is the still standing republic working? It appears so.

  9. Biden and Mayorkas are complicit in the sexual slave trade involving children, by their refusal to seal off the border. They deserve the same punishment as the child traffickers.

  10. Texas needs to tell the feds to kiss off it’s not federal property it belongs to the state and the state has rights to do what they want.
    Why doesn’t FJB stop highways homes sports complexes and all other states infrastructure?

  11. Biden doesn’t have enough sense to pour piss out of a boot, much less knowing anything about the border🤪

  12. Usurpations with treble damages are quantified at a value of $365,000 payable the day they occur, $365’000 per instance according to my understanding of the US Constitution and that is what the magistrate is there for. He orders immediate remedy. Why aren’t we seeing that at or after Assembly meetings. Have we not kept our republic? If we don’t have our guaranteed confederate, capitalistic republic what do we have?

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