Court of Appeals Orders Texas to Remove Buoy Border Barrier along the Rio Grande River

Townhall Media/Julio Rosas

Another day, another ruling against Texas as state officials try to do what they can to secure the border with Mexico. A federal court upheld an order for Texas to remove buoys along the Rio Grande River Friday.

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The state’s appeal request for a lower court ruling was rejected by the 5th U.S. Circuit Court of Appeals. The court ruled that a district court judge in Austin did not err when he ordered Governor Abbott’s administration to temporarily reposition the 1,000-foot buoy barrier near the shore of the Rio Grande River in Eagle Pass while a complete review of the case continues. Texas must move the floating buoy barrier. It’s a major loss for the Abbott administration.

As expected, Abbott did not take the ruling quietly. He released a statement that said Texas Attorney General Ken Paxton will seek a rehearing.

The decision is a big victory for the U.S. Justice Department, which sued Abbott in July after he refused to remove the barrier. Federal officials argue that Abbott violated the federal Rivers and Harbors Act by not getting permission from the U.S. Army Corps of Engineers before he deployed the buoys this summer. The Corps of Engineers has authority over all U.S. waterways.

Abbott said in a statement on social media that the court’s decision on Friday was “clearly wrong” and that he and Texas Attorney General Ken Paxton would seek a rehearing in the 5th Circuit Court of Appeals. Abbott vowed to take the case all the way to the U.S. Supreme Court if needed.

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The buoys are getting a bad rap by those who oppose deterrents to illegal immigration. The buoys are movable. They are 4 feet in diameter and they rotate as people try to climb on them or get around the barrier. Abbott originally planned to put down more buoys in the Rio Grande River as the Biden border crisis continues. Critics have made all kinds of wild claims of how dangerous the buoys are to illegal immigrants. Some claims have been easily debunked.

“Death traps?” What a load of hyperbole, Rep. Castro.

Abbott does not want to maim or kill illegal immigrants. He wants to secure the southern border and that includes using security measures along the border. The Rio Grande River is used as a way to cross the Mexican border into Texas, especially in the Rio Grande Valley towns like Eagle Pass. There are legal ports of entry nearby but the river crossers choose to not enter the United States legally. There are only 1,000 feet of buoys up that make a barrier in the river.

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The Republican governor included the pilot project as part of his latest phase of Operation Lone Star, the border security program that has seen thousands of National Guard troops sent to the border, migrants bused to other states and miles of razor wire strung along the Rio Grande to deter crossings.

Abbott has said he’s taking action along the border because of the federal government’s inability to stop migrant crossings into Texas. And in court, his lawyers argued that the Rivers and Harbors Act did not apply in this situation. They argued the 1,900-mile Rio Grande cannot be considered a navigable river and that the floating buoys were not a hardened structure that violates the law.

The battle continues between Governor Abbott and the federal government. Abbott vows to do whatever it takes to secure the Texas border and protect the sovereignty of the state. He is doing what Biden refuses to do.

The Mexican government eagerly tag teams with the Biden administration to stop Abbott at every turn.

Hillary Quam, a U.S. State Department official, testified at a hearing in August that Mexican officials have sent three different letters, made phone calls to top U.S. officials, and brought the buoys up at unrelated meetings. Quam, the U.S.-Mexico border affairs coordinator for the State Department, said the issue has become a “major concern” for Mexican officials because of its potential to disrupt the flow of water that’s needed downstream.

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The Biden border crisis is a choice. The humanitarian crisis and the national security crisis did not just happen, they were created deliberately. There is no other explanation. As long as Texas tries to protect its residents and the state, rest assured that the Biden administration will push back at every opportunity. It expects Texas to go it alone, yet will not allow any defensive actions to be taken. This is Biden’s America and it is turning into a Third World country by design.

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