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DALLAS - The state of Texas continued adding razor wire along the southern border despite a U.S. Supreme Court order earlier this week.
On Monday, the high court threw out a lower court decision. It means federal agents can resume cutting razor wire.
Eagle Pass, Texas, Thursday, September 21, 2023 - A ma pleads with a national guardswoman after burrowing through razor wire in an effort to cross the US/Mexico border along the Rio Grande in Eagle Pass. He was turned away. (Robert Gauthier/Los Ange …
But Gov. Greg Abbott says the state will keep adding more wire, saying Texas' constitutional right to defend itself outweighs federal law.
The razor wire is one of multiple issues where the state and federal governments are at odds in the courts over border security.
New video Wednesday shows the Texas Military Department beefing up razor wire installations in Eagle Pass along the border southwest of San Antonio.
The security efforts are continuing despite a setback at the U.S. Supreme Court Monday.
In a 5-to-4 ruling, the court vacated a lower court decision that blocked federal agents from cutting razor wire.
The feds argued its agents need access to patrol the border and help migrants in need. But the state says it’s essential to security and will discourage risky crossings away from legal entry points.
"Texas is doing every measure, putting every measure in place to prevent that to try to discourage that," said DPS Lt. Chris Olivarez. "But yet, at the federal level, the federal government has not done anything as far as trying to discourage illegal immigration, especially those that want to cross a dangerous river."
Eagle Pass, Texas (Robert Gauthier/Los Angeles Times via Getty Images)
Although the Supreme Court order allows for federal agents to cut the wire, there’s still no ruling on the larger lawsuit over the matter. And so Texas is adding more.
"Texas is doing what they should do," said U.S. Rep. Chip Roy (R-Texas). "The people of Texas are going to respond favorably to anything Texas can do to try to step up the tide."
In a lengthy statement Wednesday, Gov. Abbott cited constitutional law he says allows for Texas to defend itself, writing, "that authority is the supreme law of the land and supersedes any federal statutes to the contrary."
But it’s still unclear if the federal government will try to clear out the razor wire. The White House was asked Tuesday how they plan to remove it all.
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"I don’t have all the specifics about what border security plans to do or how they’ll do it," said White House Press Secretary Karine Jean-Pierre. "Look, we’re glad the Supreme Court made the decision to vacate the injunction that prevented border security to actually do their jobs, and it got in the way."
The lower court in this legal battle, the Fifth Circuit in New Orleans is set to hear arguments in the dispute on Feb. 7.