A floating barrier in the Rio Grande aimed at deterring illegal immigrants from crossing from Mexico into Texas can remain in place for now, the Fifth U.S. Circuit Court of Appeals ruled on Tuesday. This overturns a prior ruling by a panel from the same court, marking a new chapter in the ongoing conflict between Texas and the Joe Biden-Kamala Harris regime over illegal immigration across the 1,200-mile frontier with Mexico.
In a divided decision last December, a panel of the Fifth Circuit sided with a federal district court in Texas, which ordered the removal of the buoy barrier. On Tuesday, however, the full appeals court determined that the lower court had abused its discretion by issuing the preliminary injunction.
The broader case, brought against Texas by the Biden–Harris government, remains active in the district court, with a trial set for August 6. The Biden-Harris regime insists the floating “wall” violates the federal Rivers and Harbor Act. Texas Attorney General Ken Paxton, a leading America First conservative, has been fighting back, and Texas Governor Greg Abbott is pushing for states to have greater power over immigration control.
🚨BREAKING: The 5th Circuit Court of Appeals has ruled in Texas's favor, finding that the federal district court abused its discretion when it ordered Texas to remove the buoys floating in the Rio Grande that prevent aliens from attempting a dangerous river crossing to enter…
— Attorney General Ken Paxton (@KenPaxtonTX) July 31, 2024
The buoy barrier, which is anchored in concrete, extends approximately the length of three soccer fields in an area known for frequent illegal border crossings between the Texas border city of Eagle Pass and Piedras Negras in Coahuila, Mexico.
The Justice Department (DOJ) argues that the buoys pose humanitarian and environmental threats along the international boundary, seeking a court order for their removal.
The Biden-Harris regime is also suing to be able to cut state-installed razor wire protecting the border.