The 5th Circuit Court of Appeals has ruled in Texas’s favor, lifting an injunction that ordered the state to remove buoys it placed in the Rio Grande River to deter illegal border crossings.
The Biden Department of Justice brought a legal challenge against the Lone Star State last year for installing the buoys without federal authorization.
Associate Attorney General Vanita Gupta claimed the floating barrier was a threat to navigation and presented a public safety concern. It also risked “damaging U.S. foreign policy” with Mexico over the country’s objection to the barrier.
In 2023, Texas deployed the buoys to address the historic levels of aliens attempting illegal, dangerous—and in some cases, deadly—river crossings. The Biden Administration then sued and demanded Texas remove the buoys and reopen the border. A federal district court granted the Biden Administration a preliminary injunction and ordered the buoys to be removed and a Fifth Circuit panel issued a split decision upholding the order. However, in January 2024, Attorney General Paxton secured an en banc rehearing before the Fifth Circuit.
The full court has now ruled that the district court’s flawed preliminary injunction misapplied the law and was an abuse of the lower court’s authority. The buoy barrier can remain in the river while proceedings continue at the district court level. (Texas Attorney General's Office)
“We hold that the district court clearly erred in finding that the United States will likely prove that the barrier is in a navigable stretch of the Rio Grande,” Judge Don R. Willett wrote. “We cannot square the district court’s findings and conclusions with over a century’s worth of precedent.”
Texas Attorney General Ken Paxton celebrated the victory.
“The 5th Circuit Court of Appeals has ruled in Texas's favor, finding that the federal district court abused its discretion when it ordered Texas to remove the buoys floating in the Rio Grande that prevent aliens from attempting a dangerous river crossing to enter America illegally,” he said on X. “The buoys can remain in the river. I will continue to defend Texas's right to protect its border from illegal immigration.”
🚨BREAKING: The 5th Circuit Court of Appeals has ruled in Texas's favor, finding that the federal district court abused its discretion when it ordered Texas to remove the buoys floating in the Rio Grande that prevent aliens from attempting a dangerous river crossing to enter…
— Attorney General Ken Paxton (@KenPaxtonTX) July 31, 2024