Court rules Texas can keep floating barrier on Rio Grande amid legal battle

A federal appeals court has ruled Texas can keep its floating barrier in the Rio Grande meant to dissuade migrants from crossing into the state.

The 5th U.S. Circuit Court of Appeals on Tuesday overturned a previous decision, marking the latest back-and-forth in the legal fight between Texas and the Biden administration over the handling of the U.S.-Mexico border, The Associated Press reported.

In December, a panel in the same circuit found the state violated laws governing navigable waterways by having the buoy barrier in the river. The panel said the barrier was a threat to navigation and federal government operation and posed a potential threat to human life, ordering them to be removed.

The ruling Tuesday said the court “abused its discretion by granting the United States a preliminary injunction.” The court dissolved the stay, reversed the district court’s order that granted a preliminary injunction, telling the lower court to “vacate the preliminary injunction and for further proceedings consistent with this opinion.”

A trial for the lawsuit will begin Tuesday in district court.

The Biden administration has accused Texas of violating the federal Rivers and Harbor Act, saying immigration enforcement is the purview of the federal government.

The buoy barrier was first installed last July under Operation Lone Star, which Gov. Greg Abbott (R) said was necessary since the federal government was not taking action at the border.

The buoys were placed in the water just days after four migrants, including an infant, drowned trying to cross the river. Last August, authorities also found a body floating near the buoys.

The concrete-linked buoys stretch 1,000 feet in the Rio Grande and are anchored in the ground underwater.

Abbott celebrated the court’s decision, calling it a “victory” in a statement Wednesday.

“The Fifth Circuit last night delivered a victory for Texas’ historic border security mission, ruling that our floating marine barriers can stay in the Rio Grande River,” he said, adding that Texas fought to keep the barriers and with the court ruling, “that is exactly where they will remain.” 

“This fight is far from over,” Abbott wrote in the statement. “Texas will continue to defend our constitutional right to secure our southern border to keep our state and nation safe.”

The Associated Press contributed.