Texas Border Wire Case Is Far From Over

Battle between Texas & Federal Government

But temporary decision is really just the beginning of the court fight Washington, D.C. (January 25, 2024) – A Center for Immigration Studies analysis highlights this week's Supreme Court order vacating an injunction imposed by the Fifth Circuit in DHS v. Texas. The case, brought by the state of Texas, sought to stop Biden's CBP from destroying portions of a 29-mile section of concertina-wire ("c-wire") barriers erected by the state along the Rio Grande to deter illegal migrants. Two of the Court's conservatives — Chief Justice John Roberts and Justice Amy Coney Barrett — joined the three liberal justices in that decision, but their order hardly settles the matter. In fact, given the unresolved factual and legal issues in this case, it's really just begun. "Texas's legal effort to stop Biden's CBP from destroying its property is far from over," said Andrew Arthur, the Center's fellow in law and policy and author of the analysis. "It will now go back to the Fifth Circuit to address Texas's legal arguments in full." This conflict over whether the federal government or Texas is responsible for the enforcement of the border began in March 2021, when Texas Gov. Greg Abbott launched "Operation Lone Star," a state effort to respond to the massive wave of migrants pouring across the border unleashed by Joe Biden's reversal of his predecessor's successful border deterrence policies. Under the initiative, Texas deployed state troopers and National Guard troops to monitor and respond to illegal border crossings. It came to a head with the end of Title 42 on May 11, when the Texas Department of Public Safety (DPS) and Texas Military Department (TMD) began installing concertina wire barriers on the Texas side of the river to prevent smugglers and illegal entrants from crossing into populated areas where they could disappear before arrest. Customs and Border Protection (CBP) was apparently grateful for the help, except along 29 miles of the border in Maverick County, where agents began removing the c-wire in September, encouraging migrants to enter the country. The case has been making its way through the courts ever since. Texas State Attorney General Ken Paxton issued a statement in response to the SCOTUS ruling, characterizing the Court's order as "temporary" and stating, "The destruction of Texas's border barriers will not help enforce the law or keep American citizens safe. This fight is not over, and I look forward to defending our state's sovereignty." Arthur commented, "There are a lot of news cameras on the border; every time CBP rips out that wire, it will be seen by the public, and show voters how little interest the Biden administration has in enforcing the law."