It’s like the fat kid who says he wouldn’t eat as many cookies if he had unfettered access to the cookie jar and could eat them whenever he wanted.
In a comedic move, the Biden administration is suing Texas because they allege the state’s makeshift fence is hindering agents’ ability to “arrest and detain” border crossers.
The Biden administration filed an emergency petition with the Supreme Court on Tuesday, seeking to override a federal appeals court decision that is preventing the federal government from cutting through certain sections of razor wire fencing erected by Texas along the U.S.-Mexico border.
The fence in question, approximately 110 miles long, was constructed by Texas using concertina wire on both state and private property adjoining the Rio Grande. Texas says the fence is aimed at deterring illegal border crossings, according to the Washington Times.
The Biden administration originally sued Texas and won an injunction in federal court allowing Border Patrol agents to cut through the wire fencing. But that ruling was overturned on appeal to the 5th Circuit Court of Appeals, which held that the fencing is state property and federal agents cannot damage or destroy it without permission except in medical emergencies.
So now, the Biden Department of Homeland Security has taken its case to the Supreme Court.
In its SCOTUS petition, the Biden administration contended that the appeals court ruling infringes on the federal government’s jurisdiction over immigration matters.
“Federal law unambiguously grants Border Patrol agents the authority, without a warrant, to access private land within 25 miles of the international border, as well as to ‘interrogate’ and ‘arrest’ anyone ‘who in [their] presence or view is entering or attempting to enter the United States in violation of any law’ and is likely to abscond,” the petition said.
“Federal law further deems those who are present in the United States without having been admitted or paroled ‘applicant[s] for admission’ with certain statutory rights, provides for federal officials to ‘inspect’ such applicants, and authorizes federal agents to ‘arrest and detain’ noncitizens “pending a [removal] decision,” the petition states.
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