A federal appeals court ruled Friday that Republican Texas Gov. Greg Abbott must move the buoy barrier along the border.
The Fifth Circuit Court of Appeals declined 2-1 to reverse a district court’s preliminary injunction requiring Abbott to remove the buoys placed along the Rio Grande near Eagle Pass, Texas, finding “no clear error” in its ruling. The governor announced the 1,000-foot buoy barrier to deter illegal immigration at a press conference in June.
“All of the district court’s findings of fact were well supported by the record, and its conclusion that the equities favor issuance of a preliminary injunction was not an abuse of discretion,” the court ruled. (RELATED: EXCLUSIVE: Texas Border Sector At 169% Migrant Capacity As Mayorkas Lands For Visit)
TOPSHOT – View of a string of buoys placed on the water along the Rio Grande border with Mexico in Eagle Pass, Texas, on July 15, 2023, to prevent illegal immigration entry to the US. The buoy installation is part of an operation Texas is pursuing to secure its borders, but activists and some legislators say Governor Greg Abbott is exceeding his authority. (Photo by SUZANNE CORDEIRO / AFP)
Judge Don Willett, a Trump appointee, wrote in his dissent that the United States “failed to carry its burden” in arguing for a preliminary injunction.
“It is entirely unclear how the preliminary injunction— which orders the barrier to be moved, but not removed (as Mexico demands)—remedies the United States’ diplomatic harms,” he wrote.
The district court ordered the buoy barrier to be moved from the water to the riverbank so it does not “impede or impair in any way navigation by airboats or other shallow draft craft along the Rio Grande River.”
The Department of Justice (DOJ) sued Abbott over the barrier in July.
“We allege that Texas has flouted federal law by installing a barrier in the Rio Grande without obtaining the required federal authorization,” Associate Attorney General Vanita Gupta said at the time. “This floating barrier poses threats to navigation and public safety and presents humanitarian concerns.”
The Fifth Circuit temporarily blocked the lower court’s decision in September.
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