Federal Appeals Court Orders Texas to Remove Floating Buoy Barrier in Rio Grande
On Friday, a federal appeals court ordered the state of Texas to remove its floating buoy barrier that was placed in the Rio Grande to deter migrants from making the potentially deadly river crossing.
According to the Associated Press, the decision from the 5th U.S. Circuit Court of Appeals ruled that the state must stop construction of the “roughly 1,000-foot (300-meter) barrier and move it to the riverbank.” In September, a lower court ruled that the barrier illegally blocked the river, a decision which was later upheld in the federal appeals court.
“The 5th Cir. Court of Appeals’ denial of Texas’ sovereign authority to secure the border with floating marine barriers is clearly wrong,” Texas Governor Greg Abbott posted on X following the ruling. “AG Paxton & I will seek an immediate rehearing by the entire court,” he said, adding that he and the Attorney General will “go to SCOTUS if needed.”
The project, spanning a large and highly trafficked section of the river in Eagle Pass, Texas, cost the state approximately $1 million.
Installation of the barrier began in July and was immediately fraught with controversy. At the time, TPUSA reported, “Hundreds of people have died attempting to swim across the quick-moving river. The Governor believes the buoys will act as a deterrent for those hoping to cross illegally into the U.S. from Mexico and prevent loss of life. Southern states saw a record number of migrant deaths just last year, many of which were caused by the strong currents on the Rio Grande.”
Those who opposed the buoy barrier claimed that it posed a greater risk to migrants determined to swim across the Rio Grande. CBP agents are reportedly discouraged from jumping into the river because of the strong current which has caused many to drown.
A local kayak shop owner filed a lawsuit shortly after construction of the barrier began, claiming that the barrier would cause “imminent and irreparable harm” to his business. The lawsuit asserted that the barrier interferes with his ability to provide kayaking tours on the river.
The Department of Justice also filed a lawsuit in July, alleging the barrier “violated federal law by installing the barrier and asked a judge to order the defendants to ‘promptly remove the unauthorized obstruction’ at their own expense,” according to NBC.
The White House was among the critics of the buoy barrier, as Press Secretary Karine Jean-Pierre told reporters that the actions taken by Texas to secure the southern border were “atrocious.”
The Department of Homeland Security applauded the 5th Circuit Court ruling in a statement asserting that “Enforcing immigration law is a federal responsibility,” and reiterating the U.S. Border Patrol’s commitment to “enforcing the law by apprehending individuals who have crossed onto U.S. soil without authorization and applying immigration consequences.”
