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The state of Texas will be allowed to keep its floating barrier in the Rio Grande, despite objections from the federal government that the barrier threatens the environment, US foreign relations, and human life.
The 5th US Circuit Court of Appeals overturned a previous decision by a court panel ordering the barrier removed.
The ruling is the latest bullet point in the ongoing standoff between Joe Biden's administration and Texas Governor Greg Abbott, who has taken the policing of his state's borders into his own hands despite it being the purview of the federal government.
The previous ruling by a panel of the 5th Circuit Court of Appeals in December ordered the barrier moved, but the latest one deemed that decision as an abuse of the court's discretion.
The US government has accused Texas of violating the federal Rivers and Harbor Act, claiming that it "flouted federal law" and risked damaging the US's relations with Mexico by installing the barrier in the river, Politico reports.
“This floating barrier poses threats to navigation and public safety and presents humanitarian concerns. Additionally, the presence of the floating barrier has prompted diplomatic protests by Mexico and risks damaging U.S. foreign policy,” Associate Attorney General Vanita Gupta said in 2023.
Abbott responded to the request to remove the barrier in a letter to the Biden administration last year.
“Texas will fully utilize its constitutional authority to deal with the crisis you have caused,” Abbott wrote. “Texas will see you in court, Mr President.”
Texas installed the river barrier in the Rio Grande near the city of Eagle Pass, which borders Piedras Negras, Mexico, but the barrier has done little to slow the flow of migrants into the US.
The US Justice Department asked a federal court to force Texas to remove the barrier, arguing that it threatens the lives of humans in the river and is causing damage to the environment. That issue will be tried in court beginning on August 6.
The barrier is just one point of friction between Abbott and the Biden administration; earlier this year, Abbott moved state troops into Shelby Park in Eagle Pass and ordered the building of a razor wire fence at the border. The fence was formerly used as a processing area for the US Border Patrol.
Texas National Guard troops stationed in the park were instructed not to allow US Border Patrol agents into the park.
In February, Abbott ordered the construction of a base in Eagle Pass to house up to 1,800 National Guard members.
The 80-acre property along the Rio Grande will open a short distance from Shelby Park, the riverfront area where Texas National Guard members have installed miles of razor wire and began denying access to U.S. Border Patrol agents.
The construction was a continuation of Texas's occupation of Shelby Park as part of Abbott’s expanding border mission. The mayor of Eagle Pass said the move at the start of January caught the city off guard and questioned the timing, given that crossings have fallen in recent weeks.
The barrier ruling comes at an advantageous time for Republicans; vice presidential candidate JD Vance is set to begin a tour of the US-Mexico border on Thursday. He is expected to use the trip as an opportunity to hammer Democrats on immigration and border security issues.
