A federal judge ordered Texas to remove a controversial floating barrier in the Rio Grande while the Biden administration pursues its lawsuit seeking a permanent ban on buoys the state installed to help prevent illegal crossings from Mexico.
(Bloomberg) — A federal judge ordered Texas to remove a controversial floating barrier in the Rio Grande while the Biden administration pursues its lawsuit seeking a permanent ban on buoys the state installed to help prevent illegal crossings from Mexico.
Under an order Wednesday from US District Judge Alan Ezra, Republican Governor Greg Abbott and other Texas officials are also prohibited from building any new structures in the river without approval from the federal government. Ezra said Texas must remove the existing structure by Sept. 15.
“Texas’s conduct irreparably harms the public safety, navigation, and the operations of federal agency officials in and around the Rio Grande,” Ezra said in the order.
The US Justice Department filed suit after Abbott refused the government’s request to remove the barrier, escalating the ongoing dispute over immigration policy between President Joe Biden and leaders in some states along the US-Mexico border.
The barrier features several large buoys four to six feet in diameter that are linked together, stretching at least 1,000 feet (300 meters), secured on either side by concrete anchoring structures, and featuring webbing under the water’s surface to deter people from swimming below, according to court filings.
Read More: Biden Administration Sues Texas Over Floating Border Barriers
In its lawsuit challenging the structure, the Biden administration claims the state failed to obtain the necessary authorization, citing federal law that prohibits the placement of any unauthorized barriers in navigable US waters.
The governor said Texas will appeal Ezra’s ruling to the conservative US 5th Circuit Court of Appeals in New Orleans.
“We will continue to utilize every strategy to secure the border, including deploying Texas National Guard soldiers and Department of Public Safety troopers and installing strategic barriers,” Abbott’s office said in a statement. “Our battle to defend Texas’ sovereign authority to protect lives from the chaos caused by President Biden’s open border policies has only begun. Texas is prepared to take this fight all the way to the US Supreme Court.”
Abbott argues the state has the authority to defend its border and that the floating barrier is necessary to curtail the influx of migrants seeking to enter the US illegally. The state has allocated almost $10 billion to border security efforts spearheaded by Abbott, including the deployment of state troopers and the Texas National guard. The governor also orchestrated the busing of migrants outside the state to cities or states run by Democrats.
White House Press Secretary Karine Jean-Pierre said Abbott’s actions at the border are unlawful and undermine Biden’s immigration policies.
The case is US v. Greg Abbott, 1:23-cv-00853, US District Court, Western District of Texas (Austin).
(Updates with details from ruling, Texas governor’s statement.)
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