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Texas’ Floating Rio Grande Barrier Can Stay for Now, Court Rules As Larger Legal Battle Persists

AP-US-Immigration-Floating-Barrier

AP News by AP News
July 31, 2024
in Politics, Texas Border Crisis
0
Texas’ Floating Rio Grande Barrier Can Stay for Now, Court Rules As Larger Legal Battle Persists

EAGLE PASS, TEXAS - JANUARY 10: In an aerial view, a floating barrier ordered by Texas Governor Greg Abbott lies atop the Rio Grande on January 10, 2024 in Eagle Pass, Texas. Following a major surge of migrant border crossings late last year, large quantities of refuse left by migrants as well as miles of razor wire remain along the U.S.-Mexico border at Eagle Pass. (Photo by John Moore/Getty Images)

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AUSTIN, Texas (AP) — A floating barrier in the Rio Grande meant to discourage migrants from trying to cross from Mexico into Texas can stay for now, a full federal appeals court ruled Tuesday.

The decision by the 5th U.S. Circuit Court of Appeals overturned a previous decision by a panel of the court. The ruling is the latest development in a standoff between Texas and President Joe Biden’s administration over immigration on the state’s 1,200-mile (1,930-kilometer) border with Mexico.

EAGLE PASS, TEXAS – DECEMBER 20: In this aerial view, a floating barrier sits in the middle of the Rio Grande which forms the U.S.-Mexico border on December 20, 2023 in Eagle Pass, Texas. The 1,000-foot string of buoys installed by Texas Governor Greg Abbott in June was part of Operation Lone Star, his effort to halt illegal immigration along the 1,200 miles of Texas border with Mexico. Texas spent $850,000 on the barrier, separated by saw blades that support a submerged mesh net designed to deter migrants from crossing the river. (Photo by John Moore/Getty Images)

In December, a divided panel of the 5th Circuit had sided with a federal district judge in Texas who said the buoys must be moved. The entire appeals court on Tuesday said the court abused its discretion in granting the preliminary injunction.

The broader lawsuit in district court is set for a trial beginning on Aug. 6, where the Biden administration accuses Texas of violating the federal Rivers and Harbor Act. Vanita Gupta, associate attorney general, said Texas “flouted federal law” and risks damaging U.S. foreign policy.

The series of linked, concrete-anchored buoys stretches roughly the length of three soccer fields in one of the busiest hotspots for illegal border crossings. The state installed it along the international border with Mexico between the Texas border city of Eagle Pass and Piedras Negras, Coahuila.

The Justice Department had asked a federal court to order Texas to remove the buoys, saying the water barrier poses humanitarian and environmental concerns along the international boundary. Texas Gov. Greg Abbott, a Republican, has waved off the lawsuit as he is cheered on by conservative allies who are eager for cases that would empower states to take on more aggressive immigration measures.

The barrier is one focal point in the legal disputes over border control between the Democratic president and Abbott. The Biden administration also is fighting for the right to cut razor-wire fencing at the border and for access to a city park at the border that the state fenced off.

A floating barrier is deployed in the middle of the Rio Grande which forms the US-Mexico border at Eagle Pass, Texas, on December 23, 2023. Faced with the daily arrival of thousands of migrants from Mexico, US states and federal border police are declaring themselves overwhelmed, a crisis that is exposing the administration of US President Joe Biden to heavy fire from its Republican opponents. In recent weeks, the border police have reported some 10,000 people crossing the border every day, an even faster pace than in previous months. (Photo by CHANDAN KHANNA / AFP) (Photo by CHANDAN KHANNA/AFP via Getty Images)

 

 

Tags: AbbottBiden border policyTexas border
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