Biden DHS asks Supreme Court to let border agents cut Texas's razor-wire fence

The Department of Homeland Security on Tuesday asked the Supreme Court to permit it to cut a razor-wire fence the state of Texas placed along the Mexican border.

The government has argued that the fence interferes with federal border enforcement activities and that the fence presents a safety risk to illegal immigrants crossing the border through the Rio Grande river, the Washington Times reported. The 5th Circuit Court of Appeals sided with Texas and ordered that that DHS not cut the fence except in the event of a medical emergency.

The 110-mile fence is made of concertina wire placed on the riverbank and runs through state and private property.

U.S. Solicitor General Elizabeth Prelogar, in the filing, urged the Supreme Court to permit DHS to cut the fence, arguing that "[u]nder the Supremacy Clause, state law cannot be applied to restrain those federal agents from carrying out their federally authorized activities."

The legal battle is part of an ongoing spat between Texas state officials and federal border enforcement amid an unprecedented surge in illegal border crossings. Under Texas GOP Gov. Greg Abbott, the Lone Star State has conducted its own efforts to independently combat illegal entry into the U.S., and recently made illegal entry into Texas a state crime. 

Abbott signed the law in December, permitting state law enforcement to arrest illegal immigrants and state judges to order their deportation. The Biden administration has threatened to sue the state should it enforce the measure.

Ben Whedon is an editor and reporter for Just the News. Follow him on X, formerly Twitter.