A federal judge in Austin has issued a ruling ordering Texas to remove river barriers that the state had installed along a section of the U.S.-Mexico border to repel migrants. This ruling marks an early victory for the Biden administration in its legal battle against the buoys approved by Republican Governor Greg Abbott.
The senior U.S. District Court Judge David Ezra issued a preliminary injunction instructing Texas officials to remove the floating border barriers from the middle of the Rio Grande by September 15th, at the state’s own expense. Additionally, the judge prohibited the state from erecting similar structures in the middle of the Rio Grande, which serves as the international boundary between the U.S. and Mexico in Texas.
In his opinion, Judge Ezra found that Texas’ buoys obstructed free navigation in the Rio Grande, violating a long-standing law that governs waterways under federal control. He concluded that Texas needed permission from the U.S. Army Corps of Engineers, a federal agency, to place the barriers in the river.
Judge Ezra clarified that he was directing Texas state officials to relocate the floating barriers from the middle of the Rio Grande to the riverbank on the U.S. side, rather than ordering their complete removal from the river.
The Biden administration filed the lawsuit against the floating barriers in July, arguing that Texas needed federal government permission to install the buoys, which the state had failed to obtain. The administration also claimed that the structures impeded Border Patrol agents, endangered migrants, and harmed U.S.-Mexico relations.
Judge Ezra agreed with the administration’s arguments, stating that “Texas’s conduct irreparably harms public safety, navigation, and the operations of federal agency officials in and around the Rio Grande.”
In response to the ruling, Governor Abbott’s office announced that Texas plans to appeal, arguing that the court decision extends President Biden’s failure to acknowledge Texas’s rightful efforts to address the border issue. The office referred to the ruling as incorrect and expects it to be overturned on appeal.
Associate Attorney General Vanita Gupta expressed the Justice Department’s satisfaction with the court ruling, highlighting that the barriers were deemed unlawful and caused harm to diplomatic relations, public safety, navigation, and the operations of federal agency officials in the Rio Grande region.
Last month, Texas relocated the buoys closer to the American side of the river after a joint U.S.-Mexico survey confirmed that approximately 80% of the barriers were positioned in Mexican territory. The Mexican government strongly condemned the buoys, arguing that they violated the country’s sovereignty.
While Governor Abbott and other Texas officials maintain that the river barriers aim to discourage migrants from unlawfully and unsafely crossing into the U.S., human rights activists, Democratic lawmakers, and a Texas state medic have raised concerns about the structures pushing migrants to swim across deeper parts of the Rio Grande, increasing the risk of drowning.
The legal battle over the buoys has become the latest point of contention in the ongoing political feud between the Biden administration and Governor Abbott. Abbott has accused the federal government of not doing enough to deter migrants from crossing the southern border illegally. As part of the state’s border initiative, known as Operation Lone Star, Abbott has directed National Guard units to impede migrant entry using razor wire. The state’s Department of Public Safety has also been instructed to arrest and detain migrant adults on state trespassing charges.
One prominent aspect of Abbott’s operation involves transporting thousands of migrants from the southern border to large Democratic-led cities like New York, Chicago, and Denver. Now, these cities are grappling with housing destitute newcomers who lack ties to the U.S.
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