Appeals Court Backs Texas in Border Buoy Dispute with Biden Administration

In a significant legal victory for Texas, the 5th Circuit Court of Appeals ruled in favor of the state on Tuesday, allowing it to maintain a water buoy barrier in the Rio Grande aimed at deterring illegal immigration. This decision overturns a lower court's order mandating the removal of the barrier and represents a setback for the Biden administration's efforts to regulate border control measures implemented by individual states.

The appeals court decision came after the Justice Department filed a lawsuit against Texas, alleging that the floating buoys, placed near Eagle Pass, violated federal law. The administration argued that the barrier posed threats to human life, impaired navigation, and contravened the Rivers and Harbors Act. However, the court found these claims unsubstantiated.

Circuit Judge Don Willett, writing for the majority, stated, "Cognizant of our role as a court of review and of the reality that a preliminary injunction is an exceptional remedy, 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." He emphasized that the lower court's decision could not be reconciled with over a century of legal precedent and dismissed the evidence presented as unpersuasive.

Judge Willett criticized the district court's attribution of drownings in the Rio Grande to the presence of the buoy barrier, noting that the district court inferred causation without supporting evidence. "The district court again set aside reason by inferring that the barrier caused the deaths of two people found nearby—one at the southern end of the barrier and the other three miles upriver — from news articles that said nothing of the sort," he wrote.

In a dissenting opinion, Circuit Judge Dana Douglas argued that the lower court's decision was justified by the evidence, highlighting concerns about navigation and potential threats to human life posed by the barrier.

Texas Attorney General Ken Paxton and Governor Greg Abbott praised the court's ruling. "We fought to keep these barriers in the water, and with the Fifth Circuit’s decision, that is exactly where they will remain," Abbott stated. "This fight is far from over. Texas will continue to defend our constitutional right to secure our southern border to keep our state and the nation safe."

The legal battle over the border buoys is expected to continue, with further litigation set to begin on August 6. The case highlights the ongoing tensions between state and federal authorities over immigration policies and border security measures, with Texas taking a prominent role in challenging the Biden administration's approach.

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