Federal judge will not force Governor Abbott to remove Rio Grande River buoy barrier

AP Photo/Eric Gay

The buoy barrier system will remain in place in the Rio Grande River until at least September 1. That news came when U.S. District Judge David Alan Ezra gave Governor Greg Abbott’s attorneys until August 9 to respond to DOJ’s call to remove the buoys, with a hearing scheduled on August 22. If the judge rules in favor of DOJ, Abbott will have 10 days to remove the buoy barrier.


The hearing in federal court in Austin will consider the DOJ’s call for an injunction that would require Texas to remove the buoy barrier near Eagle Pass. DOJ says Abbott violated the federal Rivers and Harbors Act. That act requires permission from the U.S. Army Corps of Engineers to put structures in the waterway. They say Texas did not seek a permit to do so.

Besides the fact that the Biden administration has no interest in securing the Texas-Mexico border, DOJ is kowtowing to Mexico. Mexican officials have registered complaints about the buoy barrier and the use of razor wire along the border to prevent illegal immigrants from entering the state outside a legal port of entry.

“We reiterate the position of the government of Mexico that the placement of chained buoys by Texas authorities is a violation of our sovereignty,” Mexico’s Ministry of Foreign Affairs said in the statement. “We express our concern about the impact on the human rights and personal safety of migrants of these state policies, which run counter to the close collaboration between our country and the United States federal government.”

That’s rich. Mexico’s sovereignty? What about the sovereignty of the United States as illegal immigrants come across the Rio Grande River and Mexico does nothing to stop them? Mexico doesn’t secure its own southern border and those who enter Mexico are allowed to continue on to the United States.

Governor Abbott deployed a 1,000-foot-buoy barrier as part of his effort to secure the border and stop illegal immigrants from crossing the river in the Eagle Pass area. International human rights organizations jumped in to complain that this is dangerous and is a drowning risk to illegal immigrants. Mexican officials protested alleged violations of international treaties that govern the river which goes for 1,200 miles along the Texas-Mexico border. That’s a 1,000-foot barrier in a 1,200 mile long river. Spare me the drama.


The sad fact is that the humanitarian crisis caused by the Biden border crisis causes people to drown in the river without the buoy barrier. The barrier is a way to prevent the drownings by discouraging the illegal immigrants from crossing. Two bodies were found in the river Wednesday, one allegedly stuck in the barrier.

Governor Abbott’s office quickly pushed back on this narrative. The buoy barrier didn’t cause one of the people to drown.

“To be clear, preliminary information points to the drowning occurring before the body was even near the barriers,” said Andrew Mahaleris, press secretary for Gov. Greg Abbott. “The Texas Department of Public Safety previously reported to Border Patrol the dead body floating upstream from the barriers in the Rio Grande.”

The dead body probably floated into the barrier system.

In the past, the Eagle Pass area was the least used to cross illegally into Texas but that has changed. It is now heavily used by those coming from Venezuela, Cuba, and Haiti. That is why the buoy barrier was put up there. The governor reasons that the barrier system not only helps secure the border but it can save lives.

“This deterrent may very well, will likely, not only secure our border but save lives that would have been lost,” Abbott said in a speech last week in Georgetown defending his border tactics in Eagle Pass.

The truth is that is doesn’t matter what Abbott does to secure the Texas border, critics will complain. Those who want open borders do not want any deterrents used. It upsets the status quo ushered in by the Biden administration. The Biden border crisis is cruel. It is a humanitarian crisis and it empowers drug cartels and human traffickers. Joe Biden does not care.


The federal government has left border states to fend for themselves. Then, when they do, the government wants to shut them down. Governor Abbott has asked for assistance from other red state governors, who have been good to do what they can to send help. The Biden border crisis is unsustainable. Everyone knows it. Some just don’t care.

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