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Appeals Court Delivers a Win for Abbott and His Texas Buoy Barrier

Appeals Court Delivers a Win for Abbott and His Texas Buoy Barrier
AP Photo/Eric Gay

Leah wrote about this last week. A Reagan-appointed judge ruled that Texas Gov. Greg Abbott’s buoy barrier along the Rio Grande against illegal aliens had to come down. It was installed over the summer part of Operation Lone Star to get some resemblance of order on the southern border. The Biden administration, incensed, sued the state, claiming they have jurisdiction over the river. Judge David A. Ezra issued a 42-page ruling ordering Abbott to tear down the barrier. Abbott opted to bring this matter before the U.S. Fifth Circuit Court of Appeals. 

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Now, we have their decision: the barrier can stay for now. Another hearing on the matter is set for early October (via Hot Air): 

The 5th U.S. Circuit Court of Appeals extended a reprieve for the 1,000-foot buoy barrier in the Rio Grande River at Eagle Pass, Texas. Texas can keep the barrier up for at least 3 more weeks. 

The next hearing is set for October 5 on whether or not the buoy barrier is illegal. 

Last week Judge David A. Ezra ruled that Governor Greg Abbott must remove the floating buoy barrier he deployed without asking for federal permission. Abbott’s deadline was today, September 15. 

This week that deadline is no longer in effect. Governor Abbott expects the case to go to the Supreme Court, at least that is what he hopes. He wants the justices to have the chance to take a look at whether states can treat illegal immigration as an invasion and invoke their constitutional self-defense rights. 

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Illegal immigration remains a lingering issue that the Biden White House has refused to deal with for obvious political reasons. Millions have crossed over despite the Biden administration’s claim that the border is secure.

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