Texas is exploiting a loophole in a new Supreme Court ruling to keep putting up razor-wire fencing at the border

Texas Gov. Greg Abbott posted this photo to X on Wednesday, saying, “We continue to deploy this razor wire to repel illegal immigration.” Texas Gov. Greg Abbott/X

• Texas is seemingly exploiting a loophole in the Supreme Court’s recent ruling involving the border.
• The ruling allows for federal agents to cut through Texas’ wire fencing at the southern border.
• Texas’ governor said, “We continue to deploy this razor wire to repel illegal immigration.”

Texas is apparently taking advantage of a loophole in a recent Supreme Court ruling involving the US-Mexico border in order to keep putting up more razor-wire fencing along the Rio Grande riverbank.

The Supreme Court’s 5-4 Monday ruling delivered a huge win to the Biden administration in its ongoing legal battle with Texas over the southern border by allowing federal border agents to cut or move barbed wire fencing the Republican-controlled state installed at the border.

The ruling does not call for Texas to take any action in the matter — and the state’s Republican governor, Greg Abbott, suggested in a post to X on Wednesday that Texas will keep putting up the fencing, even if federal border agents take it down.

“Texas’ razor wire is an effective deterrent against the illegal border crossings encouraged by [President Joe] Biden’s open border policies,” Abbott said. “We continue to deploy this razor wire to repel illegal immigration.”

Abbott’s post to the social media site included a photo showing Texas National Guard soldiers erecting more of the fencing. Republicans, like Texas Rep. Chip Roy, have urged the state to ignore the Supreme Court’s ruling.

Meanwhile, a federal law enforcement source with knowledge of the situation who was not authorized to speak publicly told Business Insider on Wednesday that Texas can put up all the wire fencing it wants but that border agents have the right to cut it down if it gets in their way.

“If they put up wire, that’s fine,” the source said of Texas. “If it interferes with federal law enforcement’s ability to do its job, that’s when there’s an issue.”

The Supreme Court’s ruling came after the Biden administration asked the nation’s highest court to vacate an injunction that the Fifth Circuit Court of Appeals imposed last month, which temporarily paused a lower-court ruling that allowed federal agents to cut through Texas’ razor-wire fencing.

Texas has put up razor-wire fencing along a stretch of the Rio Grande in the border city of Eagle Pass as part of its efforts to prevent unauthorized immigration at the border.

The US Justice Department said in a court filing earlier this month that Texas National Guard soldiers were blocking Border Patrol agents from accessing the state’s border and said the “fencing further restricts Border Patrol’s ability to reach the river in particular areas.”

It also said Texas’ actions demonstrated “an escalation of the State’s measures to block Border Patrol’s ability to patrol or even to surveil the border and be in a position to respond to emergencies.”

In the aftermath of the Supreme Court’s ruling this week, Department of Homeland Security general counsel Jonathan Meyer sent a letter to Texas Attorney General Ken Paxton, again demanding federal access to the Shelby Park area in Eagle Pass.

“As you are aware, yesterday, the Supreme Court vacated the injunction prohibiting the Department from cutting or moving the concertina wire that Texas had placed along the border except in case of emergency, and restored the Department’s right to cut and move the concertina wire placed by Texas in order to perform their statutory duties,” read the Tuesday letter, which was obtained by Business Insider.

It added, “The Department must also have the ability to access the border in the Shelby Park area that is currently obstructed by Texas.”

“The State has alleged that Shelby Park is open to the public, but we do not believe this statement is accurate,” the letter read.

Paxton said in a statement on Monday after the Supreme Court ruling that the order “allows Biden to continue his illegal effort to aid the foreign invasion of America.”

“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,” Paxton said.

Paxton’s office did not immediately respond to a request for comment by BI on Wednesday.