Texas' buoy barrier to deter illegal crossings can remain in Rio Grande, court rules

On Tuesday, the U.S. Court of Appeals for the Fifth Circuit ruled that Texas may keep its water barrier in the Rio Grande.

Last summer, Texas Gov. Greg Abbott (R) announced his administration's plan to install a 1,000-foot floating fence in the river in response to the Biden administration's refusal to secure the southern border. The barrier consists of interconnected inflatable sphere buoys, four feet wide, that spin when grabbed to prevent individuals from climbing over.

'Biden tried to remove them. I fought to keep them in the water.'

Abbott said that the water barrier would be placed near Eagle Pass, a highly trafficked area of the border. The governor also placed concertina wire along the Rio Grande near Eagle Pass to further deter unlawful crossings.

The Biden administration entered into a legal battle with the state over its attempts to stem the illegal immigration crisis, filing lawsuits against Texas' installation of the concertina wire and the buoy wall. Biden's Department of Justice claimed that Texas violated federal law by not obtaining authorization to install the barrier. It further alleged that the buoys present environmental and safety concerns.

On Tuesday, the Fifth Circuit Court of Appeals determined that the marine barrier may stay for now, reversing a lower court's injunction that ordered its removal. The broader case will return to a district court in Austin next week.

Following the court's latest ruling, Texas Attorney General Ken Paxton (R) announced, "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 America illegally. The buoys can remain in the river. I will continue to defend Texas's right to protect its border from illegal immigration!"

Abbott called the court's Tuesday decision "justice."

"Biden tried to remove them. I fought to keep them in the water. That is exactly where they will stay," Abbott said.

Abbott's interventions to curb the border crisis were deployed as part of the governor's Operation Lone Star, a joint effort between the Texas Department of Public Safety and the Texas National Guard. According to the governor, the effort has resulted in more than 516,600 illegal alien apprehensions and over 45,500 criminal arrests.

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