No, Texas is not defying a Supreme Court order by continuing to install razor wire at the US-Mexico border

An escalating standoff is brewing between the Biden administration and the state of Texas over immigration enforcement. On Jan. 24, Texas Gov. Greg Abbott posted images on X of Texas National Guard troops laying concertina razor wire along the banks of the Rio Grande at the U.S.-Mexico border.

“Texas’ razor wire is an effective deterrent against the illegal border crossings encouraged by Biden’s open border policies,” Abbott said. “We continue to deploy this razor wire to repel illegal immigration.”

Critics have called the use of razor wire at the border cruel, arguing that it has directly led to the deaths of migrants. Now, they’re also calling it illegal.

Numerous social media posts claim that by continuing to install razor wire, Abbott and the Texas National Guard are openly defying a recent Supreme Court order. Online search trends show many people are wondering if this is true.

THE QUESTION

Is Texas defying a Supreme Court order by continuing to install razor wire at the U.S.-Mexico border?

THE SOURCES

• U.S. Supreme Court
• U.S. Court of Appeals for the 5th Circuit 
• U.S. Department of Homeland Security
• Texas Attor­ney Gen­er­al Ken Pax­ton

THE ANSWER

No, Texas is not defying a Supreme Court order by continuing to install razor wire at the U.S.-Mexico border.

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WHAT WE FOUND

The state of Texas is not defying a recent Supreme Court order by continuing to install razor wire along the Rio Grande at the U.S.-Mexico Border. The Supreme Court ruled that Border Patrol agents may resume cutting the razor wire for now while a lawsuit continues, but did not ban Texas from laying the wire.

Texas Gov. Greg Abbott has authorized the use of razor wire at the border for more than two years in an attempt to curb illegal crossings from Mexico. Abbott spokesman Andrew Mahaleris told the Associated Press the absence of razor wire and other deterrents encourages migrants to risk unsafe crossings and makes the job of Texas border personnel more difficult.

“Governor Abbott will continue fighting to defend Texas’ property and its constitutional authority to secure the border,” Mahaleris said.

The razor wire in question stretches for roughly 30 miles near the border city of Eagle Pass, Texas. Eagle Pass has become one of the busiest spots on the southern U.S. border for migrants illegally crossing from Mexico.

In 2023, U.S. Border Patrol agents began cutting sections of the razor wire, arguing they had to remove it to apprehend migrants crossing the border illegally and to prevent medical emergencies. But Texas claimed Border Patrol agents were actually destroying the wire with the intent of making it easier to cross the border. In October, Texas Attorney General Ken Paxton sued the Biden administration to try to stop Border Patrol.

After mixed results in district court, Texas got a favorable ruling from the U.S. Court of Appeals for the 5th Circuit on Dec. 19, 2023, when the court granted a preliminary injunction temporarily banning Border Patrol agents from cutting the razor wire, except in the case of medical emergencies.

On Jan. 2, 2024, the U.S. Department of Homeland Security (DHS) asked the U.S. Supreme Court to vacate, or cancel, the U.S. Court of Appeals ruling. DHS argued that federal law gives Border Patrol agents authority over the border and it cannot be overruled by state law under the U.S. Constitution.

In a Jan. 22 order, the Supreme Court, by a 5-4 vote, allowed Border Patrol agents to resume cutting the razor wire for now. This was not a traditional Supreme Court case with oral arguments or lengthy written opinions, and the order does not change Texas’ ability to continue laying razor wire at the border.

This means that Texas is not openly defying the Supreme Court order by laying more wire. However, if the Texas National Guard attempts to stop Border Patrol agents from cutting the wire again, that could violate the order.

Despite the Supreme Court’s ruling, Paxton said the lawsuit over the wire is ongoing, and his office still plans to argue the case in front of the 5th U.S. Circuit Court of Appeals on Feb. 7.

The Associated Press contributed to this report.

This story is also available in Spanish / Lee este artículo también en español: No, Texas no está desafiando una orden de la Corte Suprema para continuar la instalación de alambre de púas en la frontera con México