Texas can maintain its anti-migrant buoy barrier in the Rio Grande. The Fifth Circuit Court of Appeals has overturned a previous ruling, allowing Governor Greg Abbott’s controversial measure to stand.
Texas Governor Greg Abbott, celebrated the ruling by the Fifth Circuit Court of Appeals on 30th June Tuesday night, which determined that the buoy barrier his administration installed in the Rio Grande last July can remain in place. “We fought to keep these barriers in the water, and with the Fifth Circuit’s decision, that’s exactly where they’ll stay. This fight is far from over.“
The court’s decision reverses a prior ruling issued by a three-judge panel and Judge David Ezra’s order from September 6, which mandated the removal of the buoy section. This marks Texas’s first legal victory regarding the floating barrier, following a lawsuit by the U.S. Department of Justice seeking its removal, arguing that the buoys constitute an “obstruction to navigable capacity” of the Rio Grande.
The Texas government has defended the buoy barrier, claiming it was forced to act independently to “defend” against a “migrant invasion” because the White House had not secured the southern border. In its appeal, Texas argued that Judge Ezra erred in his conclusion that the buoys obstruct river navigation and overstepped his authority by ordering their removal.
Ongoing Criticism of Biden Administration’s Handling of Migrants and the order to remove the buoy barrier
Governor Abbott has already celebrated the judicial decision. “Justice!” he exclaimed on social media. “The federal court decided we can keep the buoys that protect our borders. Biden tried to remove them. I fought to keep them in the water, and there they’ll stay.“
This decision extends the life of the controversial aquatic barrier. In the summer of 2023, local media reported that the buoys, covered in barbed wire, had injured several migrants. In August, the Texas Department of Public Safety (DPS) reported finding two bodies floating near the buoys.
The deaths sparked reactions across the border. Mexican President Andrés Manuel López Obrador condemned the barrier as inhumane. “No one should be treated this way,” he said, publicly thanking U.S. President Joe Biden for initiating the lawsuit against Abbott.
The buoy barrier has strained relations between Mexico and Texas. In July 2023, the Mexican Foreign Ministry issued a diplomatic note expressing concern over the unilateral measure taken by Texas, which violated a longstanding bilateral agreement. An international commission determined that the floating objects were within Mexican territory, near Piedras Negras, Coahuila, and federal boundaries.
Detentions in July fell to levels not seen since September 2020, with 56,000 arrests of irregular migrants at the southwest border. This calls into question the argument of a significant influx of migrants crossing the southwest border, following the Biden administration’s stricter asylum policies introduced in June.
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