A floating barrier in the Rio Grande, aimed at deterring migrants from crossing into Texas from Mexico, has been granted permission to remain in place following a ruling by the 5th U.S. Circuit Court of Appeals on Tuesday. This decision overturns a previous ruling by a panel of the court and marks the latest development in the ongoing immigration dispute between Texas and President Joe Biden’s administration along the state’s 1,200-mile border with Mexico.
In December, a divided panel of the 5th Circuit had supported a federal district judge in Texas who ordered the relocation of the buoys. However, the full appeals court deemed that the preliminary injunction was an abuse of discretion.
The broader lawsuit in district court is scheduled for trial starting on August 6, with the Biden administration accusing Texas of violating the federal Rivers and Harbor Act. The state's installation of the series of linked, concrete-anchored buoys, spanning approximately three soccer fields in a high-traffic area for illegal border crossings, has been a point of contention.
The Justice Department has raised concerns about the humanitarian and environmental impact of the water barrier along the international boundary and has sought its removal through legal action. Texas Governor Greg Abbott, supported by conservative allies advocating for more assertive immigration measures at the state level, has dismissed the lawsuit.
The floating barrier is just one aspect of the legal battles over border control between the Biden administration and Abbott's administration. In addition to the buoy issue, disputes include the administration's efforts to remove razor-wire fencing at the border and regain access to a city park that Texas has fenced off.
