On Monday, in a highly controversial 5-4 decision, the Supreme Court vacated a Fifth Circuit Court injunction from last month in Homeland Security v. Texas. The injunction prevented Federal Agents from removing razor wire erected along the southern border in Texas while an appeal before the court was pending. Siding with the three liberal Justices on the Court, Justices Barrett and Roberts decided to grant the emergency appeal of this order filed by the Solicitor General. Justices Kavanaugh, Gorsuch, Alito and Thomas voted to deny the appeal. None of the Justices gave reasoning for their decision. The Circuit Court is still slated to hear oral arguments in Homeland Security on February 7, 2024. If the Fifth Circuit rules in favor of Texas, it is likely the contentious issue will be appealed to and litigated at the Supreme Court this spring.
The ruling comes as the battle between Texas and the Federal Government over the border continues to heat up. The government has done little to abate the crisis at the southern border, in some cases actively facilitating the crossing of illegal migrants by lifting razor wire. Texas has attempted to solve this issue by constructing their own barriers along the border and preventing Federal agents from accessing various entry points, such as Eagle Pass in Texas. Despite the Supreme Court ruling, Texas Governor Greg Abbott has promised that “this is not over.”
Landmark hopes the Fifth Circuit Court will rule in favor of Texas and allow them to continue to prevent mass crossings of illegal immigrants, in violation of the law.