Texas’ efforts to secure its border using floating barriers in the Rio Grande have been upheld by a federal court ruling, allowing the state to continue its controversial strategy to deter illegal crossings. The Fifth Circuit’s decision on Tuesday marks a significant win for Texas Gov. Greg Abbott (R), who has faced legal challenges from the Biden administration and the Department of Justice (DOJ) since last year.
In June 2023, Abbott announced the installation of floating buoys as part of a broader initiative to enhance border security. The state allocated $5.1 billion for these measures, aiming to reduce illegal immigration. “What we’re doing right now, we’re securing the border, at the border,” Abbott said. “These buoys will allow us to prevent people from even getting to the border.”
Despite a preliminary injunction imposed by the Biden administration in December 2023, the Fifth Circuit reversed this decision, allowing Texas to proceed with its border security plans. Judge Don R. Willett stated, “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 barriers have been a focal point of legal contention for nearly a year. Initially, a panel of judges ruled 2-1 in favor of the DOJ, halting Texas’ efforts. However, the full circuit court later agreed to review this decision, enabling Texas to continue using the barriers pending further legal proceedings.
Gov. Abbott argues that the barriers are essential for preventing migrants from endangering their lives by attempting to cross the river. Texas has experienced record numbers of illegal crossings, heightening the urgency of border security measures.
The case is scheduled for a trial on August 6 in the district court. As Texas continues to defend its use of floating barriers, the legal battle underscores the ongoing tension between state and federal authorities over immigration policies and border security.
