Texas Governor Greg Abbott expressed his satisfaction after a federal appeals court decided that a floating barrier in the Rio Grande—set up to deter migrants from crossing into Texas—can stay in place for now. This ruling allows Texas to keep the barrier while the case moves forward through the courts.
On July 30, the 5th Circuit Court’s decision dealt a significant setback to the Biden administration’s efforts to have the barrier removed. Abbott framed the ruling as a win in the ongoing dispute over immigration policies at the U.S.-Mexico border.
In a post on X (formerly Twitter), Abbott said, “The Federal Court of Appeals for the Fifth Circuit just ruled that Texas can keep these buoys in the water, securing our border. Biden tried to remove them. I fought to keep them in the water. That is exactly where they will stay.”
The Federal Court of Appeals for the Fifth Circuit just ruled that Texas can KEEP these buoys in the water securing our border.
Biden tried to remove them.
I fought to keep them in the water.
That is exactly where they will stay.
JUSTICE!!!! https://t.co/IlzttmnOVr
— Greg Abbott (@GregAbbott_TX) July 31, 2024
This ruling reversed an earlier decision made by a panel of the same court. U.S. Circuit Judge Don R. Willett, a Trump appointee, argued that the initial lower court wrongly issued an order requiring Texas to dismantle the barrier. The federal government had argued that the buoys violated the Rivers and Harbors Act because Texas didn’t seek the necessary permits from the U.S. Army Corps of Engineers.
A key issue revolves around whether the 1,000-foot-long buoy string is in navigable waters. A prior appeals court upheld the injunction to remove the buoys, but Texas pushed for a re-evaluation. The 5th Circuit concluded that the federal government is unlikely to prove the river’s navigability.
With a trial scheduled in August, the Biden administration claims Texas violated federal laws. Vanita Gupta, associate attorney general, stated that Texas “flouted federal law,” posing a risk to U.S. foreign policy.
Texas has experienced a surge in migrant crossings, with data from U.S. Customs and Border Protection showing that nearly 1.4 million migrants attempted to enter from Mexico in 2022, highlighting the state’s ongoing struggle against unlawful entries at its extensive 1,200-mile border.