Texas’ Floating Rio Grande Barrier Can Stay for Now, Court Rules as Larger Legal Battle Persists
AUSTIN, Texas — In a significant legal development, a full federal appeals court has ruled that a floating barrier in the Rio Grande, designed to deter migrants from crossing into Texas from Mexico, can remain in place for the time being. This decision by the 5th U.S. Circuit Court of Appeals overturns a previous ruling by a smaller panel of the same court, marking a critical shift in the ongoing legal battle over immigration policies along Texas' 1,200-mile border with Mexico.
In December, a divided panel of the 5th Circuit had sided with a federal district judge in Texas, ordering the removal of the buoys. However, the entire appeals court has now reversed this decision, stating that the lower court had abused its discretion in granting the preliminary injunction. This ruling comes as a relief to Texas, which has been at odds with the Biden administration over immigration enforcement.
The broader legal dispute is scheduled for trial on August 6, where the Biden administration is expected to argue that Texas has violated the federal Rivers and Harbor Act. Vanita Gupta, associate attorney general, has accused Texas of "flouting federal law" and potentially jeopardizing U.S. foreign policy. The series of linked, concrete-anchored buoys, which stretch roughly the length of three soccer fields, were installed by the state along the international border between the Texas border city of Eagle Pass and Piedras Negras, Coahuila.
The Justice Department had previously sought a federal court order to compel Texas to remove the buoys, citing humanitarian and environmental concerns along the international boundary. However, Texas Governor Greg Abbott, a Republican, has dismissed these concerns, supported by conservative allies who advocate for more aggressive state-led immigration measures.
This floating barrier is just one aspect of the complex legal disputes over border control between the Democratic administration and Governor Abbott. The Biden administration is also contesting the state's use of razor-wire fencing at the border and its control over a city park at the border that has been fenced off by the state.
As the legal battles continue, the fate of the floating barrier and broader immigration policies in Texas remain uncertain, highlighting the deep divisions and ongoing challenges in managing the U.S.-Mexico border.