FIRST ON FOX: Texas Attorney General Ken Paxton on Monday promised that
"the fight is not over" after the Supreme Court granted an emergency
appeal by the Biden administration to allow Border Patrol agents to resume
cutting razor wire set up by Texas at the southern border.
"The Supreme Court’s temporary order allows Biden to continue his illegal
effort to aid the foreign invasion of America," Paxton said in a statement
to Fox News Digital.
"The destruction of Texas’s border barriers will not help enforce the law
or keep American citizens safe," he said. "This fight is not over, and I
look forward to defending our state’s sovereignty."
SUPREME COURT SIDES WITH BIDEN IN TEXAS BORDER WIRE CASE; BORDER PATROL
UNION BLASTS THE DECISION
The court ruled in a 5-4 decision to allow the federal government to
resume the removal of the fence installed by Texas along the southern
border near Eagle Pass while litigation continues.
Chief Justice John Roberts and Justice Amy Coney Barrett joined the three
liberal justices in a 5-4 vote to allow the practice to resume. Justices
Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh would
have denied the application to vacate injunction, the court said.
Paxton had sued the administration in October over its damaging of the
wire, accusing the administration of disrupting state efforts to secure
the border and damaging the ability to deter illegal entry.
The Biden administration has argued that once migrants are on U.S. soil,
Border Patrol agents must apprehend them, and has claimed the wire
"inhibits Border Patrol’s ability to patrol the border." The
administration has also argued that federal immigration law supersedes
Texas' own efforts to control the border.
A Fifth Circuit Court of Appeals panel had granted a request for a
preliminary injunction. The DOJ had asked the Supreme Court for temporary
relief so that it could remove razor fence at the federal government’s
discretion.
"The court of appeals’ contrary ruling inverts the Supremacy Clause by
requiring federal law to yield to Texas law," its application to the Court
argued. "If accepted, the court’s rationale 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."
The Department of Homeland Security said on Monday that it welcomed the
Supreme Court order.
"Enforcement of immigration law is a federal responsibility," a
spokesperson said. "Rather than helping to reduce irregular migration, the
State of Texas has only made it harder for frontline personnel to do their
jobs and to apply consequences under the law. We can enforce our laws and
administer them safely, humanely, and in an orderly way."
Brandon Judd, President of the National Border Patrol Council, said the
ruling would "undoubtedly encourage more illegal immigration."
"Unfortunately, this means Border Patrol agents are going to be tied up
dealing with give ups rather than going after the criminal elements that
constantly cross our borders illegally," Judd said in a statement to Fox
News. "The administration no doubt will say this is a win for border
security, but if they sought rank and file input, they would be told this
will do the exact opposite. Agents support what Texas was trying to
accomplish in the absence of true border security policies from this
administration."
The battle is one of a number between the federal government and the Lone
Star state over the situation at the southern border. The DOJ has also
sued the state over the deploying of buoys in the Rio Grande to stop
illegal crossings.
Meanwhile, the federal government has also sued over a recently-signed
anti-illegal immigration law which allows state and local law enforcement
in Texas to arrest illegal immigrants.
Tensions were heightened this month when Texas seized the Shelby Park area
of Eagle Pass, and blocked Border Patrol from entering. That move too has
brought a threat of litigation from the administration.
https://www.foxnews.com/politics/texas-ag-paxton-promises-fight-not-over-
after-scotus-rule-biden-admins-razor-wire-cutting