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Critics bash SCOTUS decision allowing feds to cut razor Texas installed to stem illegal border crossings

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Critics bash SCOTUS decision allowing feds to cut razor Texas installed to stem illegal border crossings

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Critics are heaping scorn on a Supreme Court decision Monday allowing Border Patrol agents to cut razor wire that Texas had installed to stem the tide of illegal crossings. 

Texas had installed the roughly 30 miles of concertina wire along a stretch of the U.S.-Mexico border near Eagle Pass. The razor wire had been at the center of an escalating standoff between the Biden administration and the state over immigration enforcement.

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FILE: A National Guard soldier stands guard on the banks of the Rio Grande at Shelby Park on January 12, 2024, in Eagle Pass, Texas.  ( (Photo by Brandon Bell/Getty Images))

The deciding vote was cast by Justice Roberts, while Justices Thomas, Alito, Gorsuch, and Kavanaugh were in the dissent. Justice Amy Coney Barrett, a Trump appointee, also sided with the majority. 

None of the justices provided an explanation for their 5-4 vote. 

MIGRANT ENCOUNTERS AT SOUTHERN BORDER HIT RECORD 302K IN DECEMBER, SOURCES SAY

The Justice Department has argued the barrier impedes the U.S. government’s ability to patrol the border, including coming to the aid of migrants in need of help.

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Gov. Abbott said the fight was “not over.” 

“Texas’ razor wire is an effective deterrent to the illegal crossings Biden encourages,” he said. “I will continue to defend Texas’ constitutional authority to secure the border and prevent the Biden Administration from destroying our property.” 

Lt. Gov. Dan Patrick called the SCOTUS ruling “extremely disappointing and frustrating.” He singled out Chief Justice Roberts for siding “with the liberals on the Court on this import border issue.” 

“Our country is being invaded by millions, including terrorists, dangerous criminals, and smugglers bringing in fentanyl that kills Americans every day. Justice Roberts did not explain his vote.” 

Sen. Tim Scott of South Carolina blamed the Biden administration’s policies for creating the “illegal immigration crisis.” 

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“But this is beyond inaction,” he said. “President Biden is actively aiding and abetting the largest southern border invasion our country has ever seen.” 

TEXAS AG PAXTON PROMISES ‘FIGHT IS NOT OVER’ AFTER SCOTUS RULE ON BIDEN ADMIN’S RAZOR WIRE CUTTING

Sen. Marco Rubio of Florida questioned how there could be “a ‘border security deal’ with a Biden administration that just went all the way to the Supreme Court to stop border security?” 

During a Monday night appearance on the Ingraham Angle, Rubio called for an overhaul of the asylum process, saying it was being “abused.” 

“The laws have to be executed by the executive branch,” Rubio said. “The laws have not changed from the time Trump was president to the time Biden became president. What changed was the way the law was applied and executed.” 

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Rep. Thomas Massie of Kentucky called on Congress to step in. 

“You know who could fix this – literally overrule the Supreme Court and the White House on the Texas v Biden dispute? Congress,” he said. “In fact, it was explained to a group of us by Justice Scalia during breakfast at the Capitol Hill Club. He told us to quit funding things we don’t like.” 

The Texas GOP, meanwhile, urged Texans to tell Gov. Abbott “to stand firm and the feds to come and cut it!” 

The White House has applauded the Supreme Court’s decision. White House spokesperson Angelo Fernández Hernández said the razor wire had “prevented frontline personnel from performing vital federal functions and interfered with their ability to address urgent humanitarian situations and enforce our laws.”

MIGRANT CARAVAN FROM HONDURAS DISSOLVES BEFORE REACHING US BORDER, GUATEMALA SAYS

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“Texas’ political stunts, like placing razor wire near the border, simply make it harder and more dangerous for frontline personnel to do their jobs. Ultimately, we need adequate resources and policy changes to address our broken immigration system,” he said. 

Port officials using concertina wire to repel unlawful entries. (Texas DPS)

“That is why on his first day in office, President Biden presented Congress with a comprehensive immigration reform plan and that is why he is working to find a bipartisan agreement with Congress that includes additional resources and meaningful policy reforms.”

A DHS spokesperson said enforcing immigration is a federal responsibility. 

“Rather than helping to reduce irregular migration, the State of Texas has only made it harder for frontline personnel to do their jobs and to apply consequences under the law,” the spokesperson said. “We can enforce our laws and administer them safely, humanely, and in an orderly way.” 

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But the Border Patrol Union rejected the Supreme Court decision. 

Gov. Abbott had authorized the wire as part of aggressive measures to curb illegal crossings from Mexico. A federal appeals court last month forced federal agents to stop cutting the concertina wire.

REPUBLICANS PROBE DHS SECRETARY MAYORKAS OVER ROLE IN HOUSING MIGRANTS ON FEDERAL LANDS

The concertina wire stretches for roughly 30 miles near the border city of Eagle Pass, where earlier this month the Texas Military Department seized control of a city-owned park and began denying access to Border Patrol agents.

Eagle Park has become one of the busiest spots on the southern U.S. border for migrants illegally crossing from Mexico. Abbott has said Texas won’t allow Border Patrol agents into Shelby Park anymore, having expressed frustration over what he says are migrants illegally entering through Eagle Pass and then federal agents loading them onto buses.

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Texas authorities place razor wire in Shelby Park in Eagle Pass, defying a Biden administration order to end the state’s seizure of the area along the Rio Grande.  (Matt Finn)

Abbott also has authorized installing floating barriers in the Rio Grande near Eagle Pass and allowed troopers to arrest and jail thousands of migrants on trespassing charges. The administration also is challenging those actions in federal court.

In court papers, the administration said the wire impedes Border Patrol agents from reaching migrants as they cross the river and that, in any case, federal immigration law trumps Texas’ own efforts to stem the flow of migrants into the country.

Texas officials have argued that federal agents cut the wire to help groups crossing illegally through the river before taking them in for processing.

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Fox News’ Adam Shaw and The Associated Press contributed to this report. 

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House Republicans push Johnson to go to war with Senate over SAVE Act

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House Republicans push Johnson to go to war with Senate over SAVE Act

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Several House Republicans are pushing Speaker Mike Johnson, R-La., to go to war with the Senate GOP over an election security bill that has little chance of passing the upper chamber under current circumstances.

House GOP leaders convened a lawmaker-only call on Sunday in the wake of a massive military operation against Iran launched by the U.S. and Israel.

After leaders briefed House Republicans on how the chamber would respond to the ongoing conflict — including a vote on ending Democrats’ weeks-long government shutdown targeting the Department of Homeland Security (DHS) — Fox News Digital was told that several lawmakers raised concerns about the Senate not yet taking up the Safeguarding American Voter Eligiblity (SAVE America) Act. Among other provisions, the act would require voters in federal elections to produce valid ID and proof of citizenship.

Rep. Derrick Van Orden, R-Wis., was among those pushing the House to reject any bills from the Senate until the measure was taken up, telling Johnson according to multiple sources on the call, “If we don’t get this done, or at least show that we’ve got some backbone, we’re done. The midterms are over.”

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Speaker of the House Mike Johnson, R-La., pauses for questions from reporters as he arrives for an early closed-door Republican Conference meeting at the Capitol in Washington, Tuesday, Feb. 3, 2026. (J. Scott Applewhite/AP Photo)

At least three other House Republicans shared similar concerns. Sources on the call said Rep. Brandon Gill, R-Texas, argued that GOP voters were “not enthused” heading into November and that “the single biggest thing” to turn that around would be forcing the Senate to pass the SAVE America Act.

The SAVE America Act passed the House last month with support from all Republicans and just one Democrat, Rep. Henry Cuellar, D-Texas.

JEFFRIES ACCUSES REPUBLICANS OF ‘VOTER SUPPRESSION’ OVER BILL REQUIRING VOTER ID, PROOF OF CITIZENSHIP

Republicans have pointed out on multiple occasions that voter ID measures have bipartisan support across multiple public polls and surveys. But Democrats have dismissed the legislation as an attempt at voter suppression ahead of the 2026 midterms.

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 Senate Majority Leader John Thune speaks at a press conference with other members of Senate Republican leadership following a policy luncheon in Washington, D.C. on Oct. 28, 2025. (Nathan Posner/Anadolu via Getty Images)

The legislation would require 60 votes in the Senate to break filibuster, which it’s likely not to get given Democrats’ near-uniform opposition. But House Republicans have pressured Senate Majority Leader John Thune to use a mechanism known as a standing filibuster to circumvent that — which Thune has signaled opposition to, given the vast amount of time it would take up in the Senate and potential unintended consequences in the amendment process.

It also comes as Congress grapples with the fallout from the strikes on Iran and the need to ensure safety for the U.S. domestically and for service members abroad, both of which will require close coordination between the two chambers.

Johnson told Republicans several times on the Sunday call that he was privately pressuring Thune on the bill but was wary of creating a public rift with his fellow GOP leader, sources said.

HARDLINE CONSERVATIVES DOUBLE DOWN TO SAVE THE SAVE ACT

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“If we’re going to go to war against our own party in the Senate, there may be implications to that,” Johnson said at one point, according to people on the call. “So we want to be thoughtful and careful.”

Sen. Mike Lee, R-Utah, talks with a guest during a “Only Citizens Vote Bus Tour” rally in Upper Senate Park to urge Congress to pass the Safeguard American Voter Eligibility (SAVE) Act on Wednesday, Sept. 10, 2025. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

At another point in the call, sources said Rep. Andrew Clyde, R-Ga., suggested pairing a coming vote on DHS funding with the SAVE America Act in order to force the Senate to take it up.

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But both Johnson and House Homeland Security Committee Chairman Andrew Garbarino, R-N.Y., were hesitant about such a move given the enhanced threat environment in the wake of the U.S. operation in Iran.

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Both spoke out in favor of the SAVE America Act, people told Fox News Digital, but warned the current situation merited leaving the DHS funding bill on its own in a bid to end the partial shutdown, so the department could fully function as a national security shield.

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Trump justifies Iran attack as Congress and others raise objections

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Trump justifies Iran attack as Congress and others raise objections

According to President Trump, the United States attacked Iran because the Islamic Republic posed “imminent threats” to the U.S. and its allies, including through its use of terrorist proxies and continued pursuit of nuclear weapons.

“Its menacing activities directly endanger the United States, our troops, our bases overseas and our allies throughout the world,” he said in a recorded statement Saturday.

According to leading Democrats in Congress, Trump’s justification is questionable, especially given his claims of having “completely obliterated” Iran’s nuclear capabilities in separate U.S. bombings last June.

“Everything I have heard from the administration before and after these strikes on Iran confirms this is a war of choice with no strategic endgame,” said Rep. Jim Himes (D-Conn.), ranking Democrat on the House Intelligence Committee and part of a small group of congressional leaders — the Gang of Eight — who were briefed on the operation by Secretary of State Marco Rubio.

That divide is bound to remain an issue politically heading into this year’s midterm elections, and could be a liability for Republicans — especially considering that some in the “America First” wing of the MAGA base were raising their own objections, citing Trump’s 2024 campaign pledges to extricate the U.S. from foreign wars, not start new ones.

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The debate echoed a similar if less immediate one around President George W. Bush’s decision to go to war in Iraq following the Sept. 11, 2001, attacks, also based on claims that “weapons of mass destruction” posed an immediate threat. Those claims were later disproved by multiple findings that Iraq had no such arsenal, fueling recriminations from both political parties for years.

The latest divide also intensified unease over Congress ceding its wartime powers to the White House, which for years has assumed sweeping authority to attack foreign adversaries without direct congressional input in the name of addressing terrorism or preventing immediate harm to the nation or its troops.

Even prior to the weekend bombings, Democrats including Sen. Adam Schiff of California were pushing Congress to pass a resolution barring the Trump administration from attacking Iran without explicit congressional authorization.

“President Trump must come to Congress before using military force unless absolutely necessary to defend the United States from an imminent attack,” Sen. Tim Kaine (D-Va.), a member of the armed services and foreign relations committees, said in a statement Thursday.

In justifying the daylight strikes that killed Supreme Leader Ayatollah Ali Khamenei just two days later, Trump accused the Iranian government of having “waged an unending campaign of bloodshed and mass murder” for nearly half a century — including through attacks on U.S. military assets and commercial shipping vessels abroad — and of having “armed, trained and funded terrorist militias” in multiple countries, including Hezbollah and Hamas.

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Trump said that after the U.S. bombed Iran last summer, it had warned Tehran “never to resume” its pursuit of nuclear weapons. “Instead, they attempted to rebuild their nuclear program and to continue developing long-range missiles that can now threaten our very good friends and allies in Europe, our troops stationed overseas, and could soon reach the American homeland,” he said.

Other Republican leaders largely backed the president.

“The United States did not start this conflict, but we will finish it. If you kill or threaten Americans anywhere in the world — as Iran has — then we will hunt you down, and we will kill you,” said Defense Secretary Pete Hegseth.

“Every president has talked about the threat posed by the Iranian regime. President Trump is the one with the courage to take bold, decisive action,” said Atty. Gen. Pam Bondi.

While Iran’s coordination with and sponsorship of groups such as Hezbollah and Hamas are well known, Trump’s claims about Tehran’s ongoing development of nuclear weapons systems are less established — and the administration has provided little evidence to back them up.

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Democrats seized on that lack of fresh intelligence in their responses to the attacks, contrasting Trump’s latest statements about imminent threats with his assertion after last year’s bombings that the U.S. had all but eliminated Iran’s nuclear aspirations.

“Let’s be clear: The Iranian regime is horrible. But I have seen no imminent threat to the United States that would justify putting American troops in harm’s way,” said Sen. Mark Warner (D-Va.), vice chairman of the Senate Intelligence Committee and a member of the Gang of Eight. “What is the motivation here? Is it Iran’s nuclear program? Their missiles? Regime change?”

Senate Minority Leader Chuck Schumer (D-N.Y.) said in a statement that the Trump administration “has not provided Congress and the American people with critical details about the scope and immediacy of the threat,” and must do so.

House Minority Leader Hakeem Jeffries (D-N.Y.) said the Trump administration needs congressional authority to wage such attacks barring “exigent circumstances,” and didn’t have it.

“The Trump administration must explain itself to the American people and Congress immediately, provide an ironclad justification for this act of war, clearly define the national security objective and articulate a plan to avoid another costly, prolonged military quagmire in the Middle East,” he said.

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After the U.S. military announced Sunday that three U.S. service personnel were killed and five others seriously wounded in the attacks, the demands for a clearer justification and new constraints on Trump only increased.

Rep. Ro Khanna (D-Fremont) said Sunday he is optimistic that Democrats will be unified in trying to pass the war powers resolution, and also that some Republicans will join them, given that the strikes have been unpopular among a portion of the MAGA base.

Rep. Thomas Massie (R-Ky.), who partnered with Khanna to force the release of the Jeffrey Epstein files, has said he will work with him again to push a congressional vote on war with Iran, which he said was “not ‘America First.’”

Benjamin Radd, a political scientist and senior fellow at the UCLA Burkle Center for International Relations, said that whether or not Iran represented an “imminent” threat to the U.S. depends not just on its nuclear capabilities, but on its broader desire and ability to inflict pain on the U.S. and its allies — as was made clear to both the U.S. and Israel after the Hamas attacks on Israel on Oct. 7, 2023, which Iran praised.

“If you are Israel or the United States, that’s imminent,” he said.

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What happens next, Radd said, will largely depend on whether remaining Iranian leaders stick to Khamenei’s hard-line policies, or decide to negotiate anew with the U.S. He expects they might do the latter, because “it’s a fundamentalist regime, it’s not a suicidal regime,” and it’s now clear that the U.S. and Israel have the capabilities to take out Iranian leaders, Iran has little ability to defend itself, and China and Russia are not rushing to its aid.

How the strikes are viewed moving forward may also depend on what those leaders decide to do next, said Kevan Harris, an associate professor of sociology who teaches courses on Iran and Middle East politics at the UCLA International Institute.

If the conflict remains relatively contained, it could become a political win for Trump, with questions about the justification falling away. But if it spirals out of control, such questions are likely to only grow, as occurred in Iraq when things started to deteriorate there, he said.

Israel and the U.S. are betting that the conflict will remain manageable, which could turn out to be true, Harris said, but “the problem with war is you never really know what might happen.”

On Sunday, Iran launched retaliatory attacks on Israel and the wider Gulf region. Trump said the campaign against Iran continued “unabated,” though he may be willing to negotiate with the nation’s new leaders. It was unclear when Congress might take up the war powers measure.

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Video: Trump’s War of Choice With Iran

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Video: Trump’s War of Choice With Iran

new video loaded: Trump’s War of Choice With Iran

Our national security correspondent David E. Sanger examines the war of choice that President Trump has initiated with Iran.

By David E. Sanger, Gilad Thaler, Thomas Vollkommer and Laura Salaberry

March 1, 2026

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