Tipsheet

Texas Must Remove Floating Border Barrier, Judge Rules

Madeline Leesman
Madeline Leesman  |  September 07, 2023 1:30 PM

On Wednesday, a federal judge ordered Texas to “reposition” floating barriers placed in the Rio Grande to deter illegal immigrants from Mexico, according to a report from The Washington Post.

Reportedly, the preliminary injunction granted by Judge David A. Ezra sided with Biden’s Justice Department, which argued that Texas did not have the authority to install the wall in the first place. The DOJ argued that the federal government has jurisdiction over the international waterway. Ezra was appointed by Republican President Ronald Reagan.

“Texas’s conduct irreparably harms the public safety, navigation, and the operations of federal agency officials in and around the Rio Grande,” Ezra wrote in his order. Texas will be responsible for covering the cost of moving the barriers.

Previously, Abbott did not ask the government for permission to install the water barrier. In a statement, the governor said he would appeal the ruling. 

“Texas will appeal. Today’s court decision merely prolongs President Biden’s willful refusal to acknowledge that Texas is rightfully stepping up to do the job that he should have been doing all along,” Abbott shared on X, formerly known as Twitter.

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“Our battle to defend Texas’ sovereign authority to protect lives from the chaos caused by President Biden’s open border policies has only begun,” he added.

Steven McCraw, Texas DPS director, said at a press conference: “Anytime they get in that water [Rio Grande], it’s a risk to the migrants. This is the deterrent from even coming in the water.” 

Lawsuits were filed as soon as the buoys arrived. 

“We will see you in court,” Abbott tweeted in response. “Texas has a constitutional right to secure our border.”