Texas - New Mexico Razor Wire Fence vs Interstate Commerce

Question

This question is related to Gov. Abbott's order to have the Texas National Guard install 18 miles of razor wire between Texas and New Mexico. Based on:

• Original Abbott Post (Twitter)
• San Antonio Express Coverage
• USA Today Coverage
• MSN Coverage

The general question is: How does this not violate the interstate commerce clause of the Constitution? Namely the Gibbons vs Ogden decision:

"Commerce among the states cannot stop at the external boundary of each state, but may be introduced into the interior."

Seems like building miles concertina wire along the border would violate this.

Answer 1

If it interferes with interstate commerce, it would be illegal

But, there’s no evidence that it does.

There is no general right to walk across privately or publicly owned land whether that’s at a state border or not. In a broad sense, the fact that people can’t cross the border just anywhere might interfere with interstate commerce in some nebulous way, but that’s not the criteria.

If they were string razor wire across roads or railroads that were actually carrying interstate commerce, that would be different.