Texas Governor and AG Celebrate Court Decision Allowing Floating River Barrier on Mexico Border

On Tuesday, in New Orleans, Texas Governor Greg Abbott and Attorney General Ken Paxton celebrated the federal appeals court’s decision allowing the state to maintain a floating river barrier along the Mexico border. Both officials assert that this barrier, if allowed once the ongoing legal dispute is resolved, will help curb unwanted migration into the state.

Safeguarding Texas Borders

In a recent social media post, Gov. 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. (President) Biden tried to remove them. I fought to keep them in the water. That is exactly where they will stay. JUSTICE!!!!”

The Biden administration had earlier filed a lawsuit against Texas, arguing that the state needed federal permission to install the barriers. The administration contended that these barriers posed a threat to navigation, public safety, and U.S.-Mexico relations.

Ruling in Favor of Texas

In response to the administration’s lawsuit, Attorney General Paxton stated that the federal district court had “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 America illegally.”

He further declared victory for the state saying, “The buoys can remain in the river. I will continue to defend Texas’s right to protect its border from illegal immigration!”

Details Regarding the Federal Court’s Decision

The appeals court overturned a preliminary federal trial court injunction that had demanded the state to halt the work on the 1,000-foot barrier and relocate it to a state riverbank. Judge Don R. Willett, while justifying the court’s decision, stated, “We hold that the district court clearly erred in finding that the United States will likely prove that the barrier is in a navigable stretch of the Rio Grande. We cannot square the district court’s findings and conclusions with over a century’s worth of precedent.”

The decision was announced a week before the case is expected to return to the district court for a trial scheduled for Aug. 6 in Austin. The outcome of this trial may have important implications for the management of border security in Texas and nation-wide.

Conclusion

This federal court decision in Texas’s favor showcases the ongoing tension between states and the federal government regarding immigration and border control measures. It indicates an assertion of states’ rights in enforcing their policies, a narrative likely to reverberate across the nation and energize debates on border security and immigration policy.