As the Biden administration and the state of Texas do battle over who has control of the border and the ability to enforce it, a new order handed down from the U.S. Supreme Court on Monday will allow federal officials to remove physical barriers placed by Texas in an attempt to secure the border. 

In December, the Fifth Circuit Court of Appeals paused the decision of United States District Court Judge Alia Moses who ruled against Texas in the dispute. 

The 5th Circuit Court of Appeals on Monday temporarily halted a lower court order that gave Border Patrol agents legal cover to continue cutting concertina wire that Texas has installed on the banks of the Rio Grande.

U.S. District Judge Alia Moses of Del Rio on Wednesday ruled against Texas Attorney General Ken Paxton’s office, which wanted the judge to order Border Patrol agents to stop cutting the wire. Moses said Texas didn’t provide enough evidence to show the federal government has violated the law, but she criticized the federal government’s immigration policy in general.

The Biden administration appealed that injunction. In a 5-4 ruling, the Supreme Court granted the administration's application to vacate the injunction. The four dissenting justices were Alito, Gorsuch, Kavanaugh, and Thomas. This means the administration may proceed with efforts to remove the barriers while the case works its way through the appeals process on the merits. 

Here’s the order: pic.twitter.com/YS17ZL7PQO

— Steve Vladeck (@steve_vladeck) January 22, 2024

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