US Appeals Court Allows Texas to Maintain Rio Grande Barrier

In a significant legal victory for Texas, a federal appeals court has granted the state permission to keep its controversial floating barrier on the Rio Grande, reversing a previous order from a lower court. The ruling comes amid heated debates over immigration policies and state versus federal jurisdiction.

On Thursday, the 5th U.S. Circuit Court of Appeals issued a stay on U.S. District Judge David Ezra’s decision, which had mandated the removal of the 1,000-foot-long barrier by next week. Judge Ezra had deemed the barrier a "threat to human life" and a violation of federal law due to its placement in navigable waters without proper authorization from the U.S. Army Corps of Engineers​​.

NEWS: The Fifth Circuit, 11-7, issued its en banc decision in the Texas floating barrier case, holding that portion of the Rio Grande isn't navigable under federal law, so the injunction (which was already stayed by the full 5th Circuit) is reversed. https://t.co/IxWpdX8MZl pic.twitter.com/ziMky6ovzJ

— Chris “Law Dork” Geidner (@chrisgeidner) July 31, 2024

Governor Greg Abbott, a Republican, has been a staunch advocate for the barrier, asserting that it is essential for deterring illegal border crossings. Abbott's administration promptly appealed Judge Ezra's ruling, arguing that the buoys help redirect migrants to official ports of entry and pose no significant danger. This legal dispute is part of a broader initiative, Operation Lone Star, launched by Abbott in March 2021, which includes deploying National Guard soldiers and Department of Public Safety troopers to the border​.

The barrier, comprising wrecking-ball-sized buoys equipped with serrated saw blades and a submerged mesh net, has been a point of contention since its installation in July. It has sparked protests from migrant advocates and the Mexican government, which argues that the barrier not only endangers lives but also obstructs the natural flow of the river​​.

Court Overturns Order to Remove Texas Rio Grande Barrier

👉 Victory for Texas; border buoy barrier stays in place
⚠️ Environmental concerns remain unresolved
‼️ Tensions continue over migration control#TexasBorder #RioGrande @zerohedge https://t.co/3RqKggSeXX pic.twitter.com/1NIyljFF6B

— ZeroHedge Notes (@ZeroHedgeNotes) July 31, 2024

The Biden administration has also weighed in, with the Justice Department filing a lawsuit against Texas on July 24. The lawsuit claims that the state failed to obtain the necessary federal permissions for the barrier and that it adversely affects U.S.-Mexico relations. The legal battle marks a rare instance of the federal government directly challenging a state’s immigration enforcement measures under the current administration​.

Texas officials, however, contend that they had notified the International Boundary Water Commission, which oversees the Rio Grande, prior to the barrier’s installation. They maintain that the state is within its rights to implement such measures to secure the border and reduce illegal crossings​.

The legal back-and-forth underscores the complexities of immigration control and the balance of power between state and federal governments. The appeals court's stay means the barrier will remain in place while further legal proceedings continue, although no hearing date has been set yet​)​.

This development comes as border states continue to grapple with high numbers of migrant crossings. The Eagle Pass sector, where the barrier is located, has recorded approximately 270,000 encounters this fiscal year. Despite a recent decline in illegal border crossings following new federal immigration rules, the situation remains a critical issue for both local communities and policymakers​.