The Supreme Court on Monday accepted the Biden administration's request to allow the Border Patrol to remove the wire from the Texas border.
The judges agreed 5-4 to evict one precautionary mandate set in motion by the Fifth Circuit that temporarily blocked the Border Patrol from cutting the wire installed by the state while the lawsuit is pending. According to the order, Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh would have vacated the court order.
The Department of Homeland Security (DHS) asked judges in an emergency request in early January to freeze the order, arguing the cable prevents agents from accessing “the very border they are charged with patrolling and the people they are charged with detaining and inspecting.” (RELATED: Border Patrol agents quietly support Texas move to seize border area)
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