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Texas can keep securing the border. Supreme Court didn't prevent it
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Critics such as Rep. Veronica Escobar, D-Texas, claim that Texas Gov. Greg Abbott’s intention to continue securing the border, including with barbed wire, is “unconstitutional” and that he is violating the Supreme Court’s Jan. 22 order. They’re wrong. There has been no such finding by the Supreme Court, and nothing in that order prevents the governor from trying to protect Texans from the massive wave of aliens illegally crossing the border with the connivance of the Biden administration.
This lawsuit was actually initiated by Texas against the Biden administration after the Border Patrol started destroying the barbed or concertina wire barrier that the state had placed along 29 miles of Eagle Pass, one of the most heavily trafficked crossings in Texas. Texas claimed that the Biden administration was trespassing and destroying its property since the wire barrier was only on municipal or private property, not federal property.
The federal district court’s factual findings were all in favor of Texas and cited the federal government’s refusal to enforce immigration law. In fact, as Texas outlined its brief in the U.S. Supreme Court, the district court concluded that the evidence “amply demonstrates the utter failure of the Defendants to deter, prevent, and halt unlawful entry into the United States.” The district court criticized the Biden administration for seeking “judicial blessing of practices that both directly contravene those same [federal] statutory obligations and require the destruction of the Plaintiff’s property.”
SUPREME COURT SIDES WITH BIDEN IN TEXAS BORDER RAZOR WIRE CASE; BORDER PATROL UNION BLASTS DECISION
But the district court refused to issue an injunction because it believed the federal government was immune from suit under applicable federal law. Texas filed an appeal with the U.S. Court of Appeals for the 5th Circuit, which concluded that the district court’s interpretation of the law was incorrect. The 5th Circuit issued an injunction on Dec. 19 against the federal government pending further appeal with one exception – the right to “cut or move” the wire “if necessary to address any medical emergency.”
The Biden administration then filed an emergency appeal with the U.S. Supreme Court asking that the injunction be vacated (dissolved). The Supreme Court issued a 5-to-4, two-sentence order simply vacating the injunction while the case is on appeal. This was not a decision on the merits of Texas’s claim against the federal government, which will continue to be litigated in the lower courts.
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Significantly, there is nothing in the Supreme Court’s order that prevents Texas from continuing to place barbed wire or other barriers along the border on state or private property. But while the case is pending, there is nothing preventing the federal government from tearing down the wire fencing.
Despite the Supreme Court’s order, Texas has a strong possibility of ultimately winning this case on the merits. Contrary to the Biden administration’s claims, Texas is not interfering in the federal government’s enforcement of federal immigration law.
So it may end up becoming a race between Texas putting in effective measures to seal off the border, while the Biden administration does everything it can to remove those barriers so the border remains an open sieve as part and parcel of the administration’s deliberate policy of flooding the country with as many illegal aliens as possible.
There is no doubt that Texas’s placement of a barbed-wire barrier has been effective. The district court found that the “the wire was so successful that illegal border crossings dropped to less than a third of their previous levels.” The Biden administration knows this is an effective way of diminishing and deterring illegal border crossings – as Texas pointed out in its brief, the “federal government also uses [the same barbed] wire fencing to deter illegal crossings and route migrants to lawful ports of entry.”
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Yet the district court found that video evidence showed federal agents “cutting multiple holes in the concertina wire for no apparent purpose other than to allow migrants easier entrance further inland.” The video not only showed them cutting holes in the fence, but it also showed them installing a “climbing rope” to make it easier for the aliens to get across the border.
A Border Patrol boat in the middle of the river was just “passively” watching aliens crossing the river, making no attempt whatsoever to stop them from entering the U.S. Once they were across the border, the Border Patrol told the aliens to walk inland “with no supervision in hopes they would proceed to the nearest immigration processing center.”
When Texas officers tried to record what the federal agents were doing, the agents told the Texas law enforcement officers to “back the f*** off” and claimed they were “not authorized to take any pictures.” In other words, the Biden administration was trying to hide what it was doing.
Despite the Supreme Court’s order, Texas has a strong possibility of ultimately winning this case on the merits. Contrary to the Biden administration’s claims, Texas is not interfering in the federal government’s enforcement of federal immigration law. All of the concertina wire was placed on state or private property whose owners granted Texas an easement on their property. It is the federal government that is trespassing and destroying state-owned or private property.
Moreover, under the Supreme Court’s 2011 holding in Chamber of Commerce v Whiting, state laws are not preempted by federal immigration law unless they contravene federal law. There is no provision in any federal law that explicitly or implicitly prohibits the state from erecting barriers on private property. This is especially true given the fact that the illegal entry of aliens is already prohibited by federal law, 8 U.S.C. § 1325. How can Texas make it more difficult for aliens to enter the country illegally violate that or any other provision?
Clearly, the actions that Texas is taking help the federal government’s enforcement of federal immigration law and the ban on illegal entry. But the whole reason for the Biden administration’s actions in this case is to make sure federal immigration laws are not enforced.
The bottom line here is that this case is far from over. While the Biden administration may have won one round, there are a lot more to go. Hopefully, when this case gets to the Supreme Court on the merits, Texas will win by a knockout.
If it doesn’t, aliens, drugs, smugglers, terrorists, and human traffickers will continue flooding across the Texas border and making their way to every city and county throughout the country. And the Biden administration is just fine with that.
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The pastor of Nancy Guthrie’s Arizona church asked congregants to continue praying for her safe return during Sunday morning’s service, saying the church is honoring what the family has asked for during what he described as a “horrific ordeal.”
Pastor John Tittle of St. Andrew’s Presbyterian Church said the congregation continues “to pray and to stand with Nancy Guthrie and her family,” adding the church is seeking “to just honor the family’s privacy and their desires.”
“It was communicated to me, pray. So we’re gonna keep praying through this horrific ordeal,” Tittle said before leading the congregation in prayer.
During the service, Tittle invited worshippers to pray with him and asked for Guthrie’s safe return.
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St. Andrew’s Presbyterian Church, which Nancy Guthrie attends, is seen Thursday, Feb. 5, 2026, in Tucson, Ariz. (AP Photo/Caitlin O’Hara)
“We pray for Nancy’s rescue and her release. Bring her home safely,” he said. He also asked for guidance for law enforcement: “Lord God bless and guide the authorities in their search for Nancy. Give them wisdom along every step of the path to her.”
Tittle added, “Lord, we ask that you would soften the hearts of those who are responsible, that they might come forward and do what is humane. And what is right,” before concluding the prayer in the name of Jesus.
A sign of solidarity from neighbors at Nancy Guthrie’s home Thursday, Feb. 5, 2026, in Tucson. (AP Photo/Caitlin O’Hara)
Nancy Guthrie, 84 — the mother of “Today” show host Savannah Guthrie — was reported missing in Arizona last week. Authorities have said they believe she was taken from her home outside Tucson, and Pima County Sheriff Chris Nanos has said DNA testing showed blood found on Guthrie’s front porch matched her.
WHAT TO KNOW ABOUT NANCY GUTHRIE’S FAMILY AS SHERIFF SAYS ‘EVERYBODY’S STILL A SUSPECT’
Savannah Guthrie appeared in a social media video released over the weekend alongside her siblings, addressing whoever may be holding her mother and saying the family was prepared to pay for her safe return.
Flanked by her siblings, Guthrie said, “We received your message,” adding, “This is the only way we will have peace. This is very valuable to us, and we will pay.”
Savannah Guthrie released a new video on Instagram pleading with her mother’s captors. (Savannah Guthrie/Instagram)
Guthrie’s message referenced what had been sent to Tucson-based television station KOLD. The station has declined to release details while federal authorities review the communication.
Law enforcement officials have said they are reviewing multiple tips after several media outlets reported receiving alleged ransom letters. At least one letter included monetary demands and referenced deadlines, though authorities have not confirmed the letters’ authenticity and said all information is being investigated.
A Pima County sheriff’s vehicle is parked out front of Nancy Guthrie’s home on Sunday, Feb. 8, 2026, in Tucson. (AP Photo/Ty ONeil)
Authorities have expressed growing concern about Guthrie’s health, noting she requires daily medication. She is reported to have a pacemaker and a history of high blood pressure and other heart issues.
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On Sunday, multiple marked sheriff’s vehicles were seen at Guthrie’s home around midday, and at least two individuals were observed going to the back of the residence for more than 20 minutes before leaving without comment.
The Associated Press contributed to this report.
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TUCSON, Ariz. – The alleged 5:00 p.m. Monday night deadline for a $6 million Bitcoin ransom to be paid in case of missing 84-year-old Nancy Guthrie has now passed, with no indication that the ransom has been paid.
Alleged ransom notes, and the Guthrie family’s response to those alleged notes, have been dominant storylines as authorities continue to search for the mother of NBC’s “Today” anchor Savannah Guthrie.
Monday night marks the second deadline of a first alleged ransom note, which was received by local news outlet KOLD last Monday, and by TMZ last Tuesday.
That original note had two deadlines. The first was last Thursday at 5:00 p.m. The second was set for tonight.
After the Thursday night deadline passed, TMZ reported that the note contained a separate Monday deadline, and the outlet’s founder told Sean Hannity on Fox News’ “Hannity” that the second deadline is “far more consequential.”
Savannah Guthrie and her mother Nancy Guthrie are pictured Thursday, June 15, 2023. (Nathan Congleton/NBC via Getty Images)
On Friday, a second alleged statement from captors was received by 13 News in Tucson. Reports indicate that the alleged captors are demanding $6 million in Bitcoin. TMZ said it verified the Bitcoin address is “real,” and noted that the purported ransom note included unreleased details about her disappearance.
Despite three separate pleas from the Guthrie family, posted to Savannah’s Instagram account, the family still has not received proof that Nancy is still alive.
Authorities continue to analyze the notes as the hunt for Nancy continues.
“We are aware of reports circulating about possible ransom note(s) regarding the investigation into Nancy Guthrie,” officials wrote in a statement last Tuesday afternoon.
The sheriff’s office added it is taking all tips and leads “very seriously.”
“Anything that comes in, goes directly to our detectives who are coordinating with the FBI,” officials wrote.
INVESTIGATION INTO DISAPPEARANCE OF SAVANNAH GUTHRIE’S MOTHER TAKES DARK TURN AND MORE TOP HEADLINES
On Wednesday night, Savannah, sister Annie and brother Camron spoke directly to the alleged ransomers in an emotional plea, asking them to contact the family. The alleged note reportedly does not contain any contact information from the senders.
Savannah opened the family’s plea by thanking supporters for their prayers before describing her mother as the heart of their family and making a direct appeal for contact, stressing Nancy Guthrie’s fragile health and urgent need for medication.
“Our mom is a kind, faithful, loyal, fiercely loving woman of goodness and light,” Savannah Guthrie said. “She’s funny, spunky. She has grandchildren that adore her and crowd around her and cover her with kisses. She loves fun and adventure. She is a devoted friend. She is full of kindness and knowledge. Talk to her and you’ll see.”
Savannah Guthrie (C) and her siblings Annie (L) and Camron made an emotional plea on Instagram asking anyone with information about their mother Nancy Guthrie’s disappearance to come forward on February 4, 2025. (Credit: Instagram/@SavannahGuthrie/Today)
Camron took to Savannah’s Instagram in a second video, pleading with the alleged captors to reach out to the family.
“Whoever is out there holding our mother, we want to hear from you,” he said. “We haven’t heard anything directly. We need you to reach out, and we need a way to communicate with you so we can move forward. But first we have to know that you have our mom. We want to talk to you, and we are waiting for contact.”
On Saturday, the family sent a third message, saying they “will pay” for the return of their mother.
In an interview with Fox News Channel’s Bret Baier on “Special Report,” FBI Director Kash Patel confirmed federal officials are aware of a ransom note while reiterating that local police are acting as the lead investigative agency in Nancy Guthrie’s disappearance.
“The local authorities notified the FBI of it, and we are working with them in any manner they choose,” Patel said. “But remember, they’re the lead right now, and we have to respect that. But we are there to help them in any way we can – on ransom notes or otherwise.”
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Retired FBI special agent Jason Pack told Fox News Digital the letters will need to be authenticated, cautioning that scammers are known to take advantage of families involved in missing person cases.
”Scammers will do things that are very distasteful, like scamming the loved ones of people missing, but the police have to take it seriously until they can prove it’s not real,” Pack said. “And it ties up resources that could be devoted to an investigation.”
Guthrie, 84, was last seen at her Tucson home at about 9:30 p.m. Saturday, according to the sheriff’s office.
While officials did not immediately elaborate on the circumstances of her disappearance, they said they believe Guthrie was either kidnapped or abducted.
A law enforcement source told Fox News Digital that there were “blood drops” leading from the entryway outside down the house’s pathway toward the driveway.
Guthrie did not attend her Sunday church service, leading another churchgoer to notify the family, Pima County Sheriff Chris Nanos said.
Family members went to the house at about 11 a.m. and called 911 around noon.
An undated photo of Nancy Guthrie and Savannah Guthrie provided by NBC in repsonse to the disappearance of the 84-year-old mother of the “Today” host. (Courtesy of NBC)
SAVANNAH GUTHRIE ASKS FOR PRAYER AS HER MOTHER REMAINS MISSING: ‘WE NEED YOU’
The Pima County Sheriff’s Department told Fox News Digital on Monday that officials believe Nancy Guthrie was either kidnapped or abducted.
It is unclear if she was targeted, or if the suspected kidnapping was random.
Savannah Guthrie spoke out on Instagram in a post Monday, writing “We need you.”
Exteriors of missing person Nancy Guthrie’s home in Tucson, Ariz. Nancy Guthrie, mother of ‘Today’ show host Savannah Guthrie, is suspected of being abducted from her home earlier this week. (Derek Shook for Fox News Digital)
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“We believe in prayer. We believe in voices raised in unison, in love, in hope. We believe in goodness. We believe in humanity. Above all, we believe in Him,” she wrote. “Thank you for lifting your prayers with ours for our beloved mom, our dearest Nancy, a woman of deep conviction, a good and faithful servant. Raise your prayers with us and believe with us that she will be lifted by them in this very moment.”
Anyone with information on the disappearance of Nancy Guthrie is asked to call the tipline at 1-800-CALL-FBI.
This is a developing story. Please check back for updates.
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An Arizona restaurant is making waves online for saying that it is giving free meals to U.S. Immigration and Customs Enforcement (ICE) agents and other federal law enforcement personnel.
In a recent video shared on social media by the outlet Pulso, Sammy’s Mexican Grill is highlighted as a restaurant that respects federal immigration enforcement agents, and even offers them free meals.
In the video of a Spanish interview translated to English, Jorge Rivas, who owns the restaurant, says, “Everyone who works for ICE, all federal agents can come to Sammy’s Mexican Grill. Here, they will be treated with respect and as they deserve.”
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In this handout provided by U.S. Immigration and Customs Enforcement, foreign nationals were arrested during a targeted enforcement operation conducted by U.S. Immigration and Customs Enforcement. (DHS)
In a recent podcast interview published on The Ray Stevens Show on Feb. 4, Rivas further explained that the restaurant has long displayed a sign welcoming law enforcement and offering them free meals.
“We here at Sammy, which is the name of our restaurant, Sammy’s Mexican Grill. We have a sign if you come into the door into the restaurant, it just says, ‘Welcome to Sammy’s, where law enforcement always eats free,’” Rivas said.
“And we have this sign for about five, probably five years or more,” Rivas added. “And that’s because we personally feel that it is important to recognize the sacrifice that law enforcement does every day protecting every single citizen, putting their life on the line, even though they don’t know personally who are they protecting. But, you know, you and I know that once we’re in trouble, we call 911, and we expect someone to show up as soon as possible.”
Rivas is an outspoken supporter of President Donald Trump and has been active in state Republican politics. He ran unsuccessfully in the GOP primary for Arizona’s 7th Congressional District last year.
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Jorge (R) and Betty Rivas, the owners of Sammy’s Mexican Grill in Catalina, Arizona, address US President Donald Trump (L) during a tour of a Honeywell International plant that manufactures personal protective equipment in Phoenix, Arizona on May 5, 2020.
(Brendan Smialowski/AFP via Getty Images)
San Diego Red reported that the restaurant has faced fierce criticism online, and has been “inundated with a renewed wave of threatening phone calls, hateful messages on social media, and calls for a boycott.”
Tensions over ICE have increased after the death of Renee Nicole Good, who was shot and killed in January in Minneapolis by an ICE agent after she allegedly attempted to ram an officer with her vehicle after refusing to exit it.
Protests against federal agents have continued to escalate since the Border Patrol killing of Alex Pretti on Jan. 24.
In January, ICE reported that it has had an over 1,300% increase in assaults, a 3,200% increase in vehicle attacks aimed at officers and an 8,000% increase in death threats.
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ICE officers have been injured in recent attacks, part of a wave of violence DHS said surged 1,150% in 2025. (Department of Homeland Security)
The restaurant previously faced backlash in 2016 for the owner publicly supporting Trump’s presidential campaign.
Rivas told Fox News Digital it was important to give law enforcement support, particularly ICE agents who are “being attacked.”
“We must give them our support,” he said, adding it was “not correct” if they didn’t get the respect they deserved.
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