Texas Gov. Greg Abbott said a Supreme Court decision on Monday is hardly the end of his state’s fight to line the banks of the Rio Grande with concertina wire as part of its battle against illegal immigration.
On Monday, the 5-4 court gave the Biden administration a victory and threw out an injunction granted by a lower court that banned Border Patrol agents doing the administration’s bidding from removing or cutting the wire.
The injunction would have lasted until a court case over the placement of the wire along the border was heard.
The court did not explain its reasoning, writing only, “The application to vacate injunction presented to Justice Alito and by him referred to the Court is granted. The December 19, 2023 order of the United States Court of Appeals for the Fifth Circuit, case No. 23-50869, is vacated.”
“Justice Thomas, Justice Alito, Justice Gorsuch, and Justice Kavanaugh would deny the application to vacate injunction,” the order said.
Abbott said that the injunction and the underlying case are different battles.
This is not over.
Texas’ razor wire is an effective deterrent to the illegal crossings Biden encourages.
I will continue to defend Texas’ constitutional authority to secure the border and prevent the Biden Admin from destroying our property.https://t.co/pV7Cuq57d1
— Greg Abbott (@GregAbbott_TX) January 22, 2024
“This is not over. Texas’ razor wire is an effective deterrent to the illegal crossings Biden encourages. I will continue to defend Texas’ constitutional authority to secure the border and prevent the Biden Admin from destroying our property,” Abbott said in a post on X,
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Abbott also indicated that a post from Texas Department of Public Safety representative Lt. Chris Olivarez was on target.
“The State of Texas, under Gov. @GregAbbott_TX’s Operation Lone Star, will maintain its current posture in deterring illegal border crossings by utilizing effective border security measures – reinforced concertina wire & anti-climb barriers along the Rio Grande,” Olivarez wrote.
“The logical concern should be why the Federal Government continues to hinder Texas’ ability to protect its border, all while allowing for the exploitation, dangerous, & inhumane methods of permitting illegal immigrants, including children, to illegally cross a dangerous river where many have lost their lives. Texas is the only state using every strategy & resource to protect its sovereignty, combat criminal activity, & discourage illegal immigration. #Texas will continue to hold the line,” he wrote.
The State of Texas, under Gov. @GregAbbott_TX’s Operation Lone Star, will maintain its current posture in deterring illegal border crossings by utilizing effective border security measures – reinforced concertina wire & anti-climb barriers along the Rio Grande. The logical… https://t.co/p6l4KluzCe
— Chris Olivarez (@LtChrisOlivarez) January 23, 2024
Abbott also commented “This is correct” on a post from conservative commentator Jack Posobiec.
“To be clear, the Supreme Court ruling today was specifically about the court order on cutting razor wire The 5th Circuit still needs to hear the actual case on its merits There is still a chance Texas wins,” Posobiec posted.
This is correct. https://t.co/Je5Ah8grfr
— Greg Abbott (@GregAbbott_TX) January 23, 2024
In October, Texas sued the federal government to force an end to agents cutting or removing the wire, according to Politico.
Texas is currently in the appeals process of that lawsuit and had secured an injunction to stop federal agents from interfering with the wire while that case was making its way through the court system.
