In its latest legal battle with Texas, the Biden administration is asking the U.S. Supreme Court to approve the removal of razor wire placed along the southern border between the Lone Star State and Mexico.

In a petition filed Tuesday, the Department of Homeland Security (DHS) is pleading the Court to vacate an injunction that the U.S. Court of Appeals for the Fifth Circuit imposed in December that allowed Texas to keep its concertina-wire barriers along the Rio Grande. The appeals-court order bars U.S. Customs and Border Protection agents from removing the barriers unless in cases of medical emergencies, such as drowning or heat exposure.

“While Texas and the court of appeals believed a narrow exception permitting agents to cut the wire in case of extant medical emergencies would leave federal agents free to address life-threatening conditions, they ignored the uncontested evidence that it can take 10 to 30 minutes to cut through Texas’s dense layers of razor wire,” the court filing reads. “By the time a medical emergency is apparent, it may be too late to render life-saving aid.”