The Fifth Circuit Court has ruled in favor of Texas, allowing the state to continue using floating barriers in the Rio Grande to deter illegal immigration. This decision marks a significant victory for Texas Gov. Greg Abbott (R), who has been at odds with the Biden administration and the Department of Justice (DOJ) over the issue.
Gov. Abbott introduced the floating barriers in June 2023 as part of a comprehensive border security strategy, backed by $5.1 billion in state funding. “What we’re doing right now, we’re securing the border, at the border,” Abbott stated. “These buoys will allow us to prevent people from even getting to the border.”
In December 2023, a preliminary injunction was placed on the barriers following a lawsuit by the DOJ. However, the Fifth Circuit overturned this decision, with Judge Don R. Willett stating, “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. We cannot square the district court’s findings and conclusions with over a century’s worth of precedent.”
The legal battle over the barriers has been ongoing, with the full circuit court agreeing to review an earlier decision by a panel of judges that ruled in favor of the DOJ. This review allowed Texas to continue using the barriers while the legal proceedings continued.
Gov. Abbott has maintained that the barriers are essential for preventing migrants from risking their lives in the Rio Grande. Texas has experienced record numbers of illegal crossings, making border security a pressing issue for the state.
The case is set to go to trial in the district court on August 6. As Texas continues to defend its use of floating barriers, the legal conflict highlights the broader struggle between state and federal authorities over immigration and border security policies.
