Governor Greg Abbott of Texas stated that the Supreme Court’s decision on Monday does not definitively terminate the state’s campaign to erect concertina wire along the Rio Grande as a measure to combat illegal immigration.
On Monday, the court ruled in favor of the Biden administration by a vote of 5-4 and vacated a lower court’s injunction prohibiting Border Patrol agents acting at the administration’s direction from severing or removing the wire.
An adjudicative proceeding concerning the installation of the wire along the frontier would have been the subject of the injunction.
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,
Additionally, Abbott stated that a post made by Lieutenant Chris Olivarez, a representative of the Texas Department of Public Safety, was accurate.
“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.
Politico reports that in October, Texas filed suit against the federal government to compel an end to agents severing or removing the wire.
During the litigation’s appeals phase, Texas obtained an injunction prohibiting federal agents from tampering with the wiretapping incident while the case was pending in court.