Texas Retains Right To Use Floating Barriers In Rio Grande

In a significant legal victory for Texas, the Fifth Circuit Court has ruled that the state can continue using its floating barriers in the Rio Grande to deter illegal immigration. This ruling supports Texas Gov. Greg Abbott’s (R) aggressive border security measures, which have faced strong opposition from the Biden administration and the Department of Justice (DOJ).

Gov. Abbott announced the installation of the floating barriers in June 2023, as part of a $5.1 billion border security initiative. “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.”

The Biden administration and the DOJ challenged the barriers, resulting in a preliminary injunction in December 2023. However, the Fifth Circuit overturned this decision, with Judge Don R. Willett writing, “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 the subject of intense legal scrutiny, with the full circuit court agreeing to review an earlier panel decision that had favored the DOJ. This review enabled Texas to continue its border security measures pending further legal outcomes.

Gov. Abbott has argued that the barriers are crucial for preventing migrants from attempting dangerous crossings of the Rio Grande. Texas has seen a surge in illegal immigration, underscoring the importance of robust border security measures for the state.

The Fifth Circuit’s ruling comes just before the case is scheduled for trial in the district court on August 6. The ongoing legal battle emphasizes the broader conflict between state and federal authorities over how to handle border security and immigration, with Texas remaining firm in its commitment to using floating barriers as a deterrent.