Texas Governor Greg Abbott has found himself in another legal battle over his policies related to border security at the U.S.-Mexico border in the Rio Grande Valley. A 5th Circuit Court of Appeals on Friday ruled in a 2-1 decision that a floating border barrier installed by the state of Texas must be removed within the next ten days. The decision has sparked outrage from Abbott, who has promised to seek an immediate hearing on the matter by the entire court.
The border barrier, which is a product manufactured by the Cochrane USA corporation, was installed in July at a busy migrant crossing point near Eagle Pass, Texas. Abbott had announced the installation of the barrier in June as he signed a host of border security bills in Austin.
The project quickly came under fire by open-border protesters, who were unhappy with not just the installation of the barrier, but also Abbott’s overall attempts at enhancing border security under Operation Lone Star.
In the ruling, the court cited historical data submitted by the federal government that categorizes the Rio Grande as a navigable waterway subject to U.S. jurisdiction. Additionally, Chief of the U.S. Border Patrol Jason D. Owens testified on the negative impact of the barrier on rescue operations by his agency.
Eagle Pass, TX: The 5th Circuit Court of Appeals ruled on Friday that the State of Texas must take down the floating border buoy in the Rio Grande at Eagle Pass. The court’s 2-1 ruling supported the Biden administration’s Department of Justice’s claim that the buoys endanger… pic.twitter.com/ZrwE3JZN2c
— Auden B. Cabello (@CabelloAuden) December 2, 2023
According to Owens, there were 249 water-related rescues and 89 water-related deaths of migrants that occurred in or around the Rio Grande throughout the Eagle Pass Border Patrol Station’s area of responsibility, from the beginning of fiscal year 2018 through July 23, 2023.
The ruling is a major setback for Governor Abbott’s attempts at securing the border, coming just days after a federal judge in the Western District of Texas reversed her Temporary Restraining Order that stopped the Department of Homeland Security from manipulating concertina wire installed along the banks of the Rio Grande.
The wire was initially installed to prevent migrants from crossing into the United States, but the judge’s order had precluded the Border Patrol from manipulating it, except for exigent emergency circumstances.
Abbott’s office has already responded to the appeals court’s ruling, promising to seek a hearing by the entire court. This latest legal battle is another chapter in a long-running feud between Abbott and the Biden administration over border security policies. With no immediate resolution in sight, the situation at the Rio Grande is likely to remain tense and volatile.
