On Monday (22nd January), the US Supreme Court allowed the Biden government to cut razor wire fences installed by Texas state at the Mexico border to prevent illegal immigration. This decision may cause a massive influx of illegal migrants possible before the 2024 elections. The Supreme Court, in a tight 5-4 decision, has approved an emergency appeal from the Biden administration. The ruling mandates that the Texas State must adhere to the Biden administration’s directive, requiring it to permit federal authorities access to the border. Texas Governor Greg Abbott has asserted that Texas will still exercise its right to self-defence per the constitutional provisions.
Chief Justice John Roberts, along with Justices Amy Coney Barrett, Ketanji Brown Jackson, Elena Kagan, and Sonia Sotomayor, aligned with the Biden administration. On the opposing side, Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Clarence Thomas sided with Texas. None of the justices provided explanations for their votes.
The concertina wire, strategically placed under the guidance of Texas Governor Greg Abbott, spans approximately 48 km along the Rio Grande River near the border city of Eagle Pass. This deployment is a component of Abbott’s wider disagreement with the Biden administration regarding immigration enforcement and what he characterises as “Biden’s reckless open-border policies.”
It has evolved into a symbol of the wider political clash in America over the management of the nation’s border. Numerous Republicans applaud it as a robust yet essential policy, while many Democrats condemn it as inhumane. Border security and immigration are officially within the domain of the federal government, as established by the 2012 Supreme Court case, Arizona v. United States. In that case, the court ruled that federal immigration law takes precedence over Arizona’s immigration laws.
Texas officials have contended that federal agents deliberately severed the wire to assist groups crossing the river unlawfully before bringing them in for processing. In a recent development, a federal appeals court mandated a halt to the practice of federal agents cutting the concertina wire. Earlier this month, Texas officials defied an order from the Biden administration, refusing to grant U.S. border patrol agents access to a section of the U.S.-Mexico border currently under the state’s jurisdiction.
Tucker Carlson of Fox News posted from his X handle, “So it’s unanimous: everyone in power, from the White House to the hedge fund managers, to the Supreme Court of the United States has decided to destroy the country by allowing it to be invaded. That leaves the population to defend itself. Where are the men of Texas? Why aren’t they protecting their state and the nation?”
So it’s unanimous: everyone in power, from the White House, to the hedge fund managers, to the Supreme Court of the United States has decided to destroy the country by allowing it to be invaded. That leaves the population to defend itself. Where are the men of Texas? Why aren’t…
— Tucker Carlson (@TuckerCarlson) January 23, 2024
Texas Governor Greg Abbott asserts the right to self-defence
In a statement dated 24th January, Texas Governor Greg Abbott said, “The federal government has broken the compact between the United States and the States. The Executive Branch of the United States has a constitutional duty to enforce federal laws protecting States, including immigration laws on the books right now. President Biden has refused to enforce those laws and has even violated them. The result is that he has smashed records for illegal immigration.”
He added, “Despite having been put on notice in a series of letters one of which I delivered to him by hand-President Biden has ignored Texas’s demand that he perform his constitutional duties. President Biden has violated his oath to faithfully execute immigration laws enacted by Congress. Instead of prosecuting immigrants for the federal crime of illegal entry, President Biden has sent his lawyers into federal courts to sue Texas for taking action to secure the border. President Biden has instructed his agencies to ignore federal statutes that mandate the detention of illegal immigrants. The effect is to illegally allow their en masse parole into the United States. By wasting taxpayer dollars to tear open Texas’s border security infrastructure, President Biden has enticed illegal immigrants away from the 28 legal entry points along this State’s southern border- bridges where nobody drowns and into the dangerous waters of the Rio Grande.”
Greg Abbott also described the scale of illegal immigration seen as a result of Joe Biden’s policies. He said, “Under President Biden’s lawless border policies, more than 6 million illegal immigrants have crossed our southern border in just 3 years. That is more than the population of 33 different States in this country. This illegal refusal to protect the States has inflicted unprecedented harm on the People all across the United States.”
My statement on Texas’ constitutional right to self-defense. pic.twitter.com/seNFZdmujP
— Greg Abbott (@GregAbbott_TX) January 24, 2024
He also quoted from the 2012 Supreme Court case, Arizona v. United States to assert the constitutional right of self-defence. He wrote, “James Madison, Alexander Hamilton, and the other visionaries who wrote the U.S. Constitution foresaw that States should not be left to the mercy of a lawless president who does nothing to stop external threats like cartels smuggling millions of illegal immigrants across the border. That is why the Framers included both Article IV, § 4, which promises that the federal government “shall protect each [State] against invasion,” and Article 1, § 10, Clause 3, which acknowledges “the States’ sovereign interest in protecting their borders.” Arizona v. United States, 567 U.S. 387, 419 (2012) (Scalia, J., dissenting).”
Expressing his resolve to protect the borders of Texas from the illegal immigrants entering the US from Mexico, he said, “The failure of the Biden Administration to fulfil the duties imposed by Article IV, § 4 has triggered Article I, § 10, Clause 3, which reserves to this State the right of self-defence. For these reasons, I have already declared an invasion under Article 1, § 10, Clause 3 to invoke Texas’s constitutional authority to defend and protect itself. That authority is the supreme law of the land and supersedes any federal statutes to the contrary. The Texas National Guard, the Texas Department of Public Safety, and other Texas personnel are acting on that authority, as well as state law, to secure the Texas border.”
The governor also said that The Texas National Guard continues to hold the line in Eagle Pass. He further shared a report saying that more razor wire was being installed in Eagle Pass by Texas National Guard soldiers. He said, “Texas’ razor wire is an effective deterrent against the illegal border crossings encouraged by Biden’s open border policies. We continue to deploy this razor wire to repel illegal immigration.”
Talking about the issue, Elon Musk posted on X, “Texas is absolutely right. This administration is deliberately breaking the law by aiding and abetting illegal immigration at an unprecedented scale!”
Texas is absolutely right.
— Elon Musk (@elonmusk) January 25, 2024
This administration is deliberately breaking the law by aiding and abetting illegal immigration at an unprecedented scale!
“Hold The Line” also trended on X where several people posted in support of the Texas stand.
Notably, the Supreme Court order only authorises Federal agents to cut the wire fencing, it does not bar Texas from putting up the wires. Using this opportunity, the Texas govt is installing more fences. However, they can’t stop border agents from demolishing them. The Supreme Court said that the fence was preventing Border Patrol agents from accessing the state’s border along the river, and that’s why authorised them to cut the fences.
