A federal court has ruled in favor of Texas, allowing the state to maintain its floating border barriers in the Rio Grande. The decision by the Fifth Circuit on Tuesday supports Texas Gov. Greg Abbott’s (R) strategy to deter illegal immigration despite opposition from the Biden administration and the Department of Justice (DOJ).
Last June, Gov. Abbott introduced the floating barriers as part of a broader border security initiative. The state committed $5.1 billion to these efforts, aiming to curb illegal crossings. “What we’re doing right now, we’re securing the border, at the border,” Abbott declared. “These buoys will allow us to prevent people from even getting to the border.”
The barriers faced immediate legal challenges, and in December 2023, the Biden administration succeeded in imposing a preliminary injunction. However, the Fifth Circuit’s recent ruling overturns this decision. Judge Don R. Willett explained, “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 legal battle over the barriers has been intense, with the full circuit court agreeing in January to review a panel’s earlier ruling that favored the DOJ. This review allowed Texas to continue its border security measures while awaiting further legal proceedings.
Gov. Abbott has consistently defended the barriers as a necessary measure to prevent migrants from risking their lives in the dangerous river crossing. Texas has seen unprecedented numbers of illegal crossings, prompting the state to take robust actions to enhance border security.
The Fifth Circuit’s decision precedes a planned trial in the district court on August 6. As the legal proceedings continue, the ruling underscores the broader conflict between state and federal authorities over border security and immigration policies. Texas’ determination to maintain its floating barriers highlights the state’s commitment to addressing the border crisis despite federal opposition.
