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| 9.8.23

Appeals Court Rules Rio Grande Barrier Can Remain For Now

Do you agree with the lawsuit?

Updated Sept. 8, 2023, 10:18 a.m. PST

  • The 5th Circuit Court of Appeals issued a temporary stay last night that allows Texas to keep the Rio Grande floating barriers in place while it further examines the case.
  • On Wednesday, a federal judge ruled that the barriers were a threat to safety and diplomatic ties, and the state of Texas filed an immediate legal challenge.

Updated Sept. 7, 2023, 11:45 a.m. PST

  • U.S. District Judge David Ezra has ordered Texas to remove the Rio Grande floating barrier, arguing that it threatens public safety and diplomatic relations. 
  • The preliminary injunction requires that the barriers be removed from the river and placed on an embankment by Sept. 15.
  • Texas plans to appeal the verdict. Gov. Greg Abbott said:

  • "Today's court decision merely prolongs President Joe Biden's wilful refusal to acknowledge that Texas is rightfully stepping up to do the job that he should have been doing all along.”

  • Judge Ezra, a Reagan appointee, questioned whether the barriers even deterred illegal immigration.
  • U.S. Associate Attorney General Vanita Gupta said the Biden administration was satisfied with the ruling:

  • "We are pleased that the court ruled that the barrier was unlawful and irreparably harms diplomatic relations, public safety, navigation, and the operations of federal agency officials in and around the Rio Grande.”

  • Updated August 23, 2023, 2:56 p.m. PST
  • U.S. District Judge David Ezra heard arguments Tuesday about whether authorities should remove the Rio Grande barrier that was installed to stop migrants from crossing the river into Texas.
  • The hearing came after Texas Gov. Greg Abbott and the Republican governors of Iowa, Nebraska, Oklahoma, and South Dakota gathered on the riverbank to defend the militarization of the border. Abbott claimed that the barrier’s position had been adjusted after Mexico complained that the buoys were located on their territory.
  • During the hearing, U.S. State Department official Hillary Quam argued that the buoys could damage U.S.-Mexico relations. Quam said:

  • “Mexico has sensitivities about sovereignty and doesn’t want to be seen as a lesser partner to the United States.”

  • Ezra did not rule at the hearing and ordered both sides to submit written closing arguments by Friday. The Biden administration is seeking a court injunction ordering the removal of the barriers. If Ezra issues an emergency injunction, Texas would have to remove the barrier.
  • Rep. Joaquin Castro (D-Texas) said :

  • "It’s incredibly dangerous, incredibly inhumane. And it’s the reason that I’ve said that it’s barbaric, because it is. You see that go all along there. People are getting stuck. There was a dead body that was stuck to this last week, reports of a child that died.”

  • Updated August 3, 2023, 11:38 a.m. PST
  • Mexican authorities are working to identify a body found trapped in the floating barriers installed by Gov. Abbott in the Rio Grande River. Mexican officials also reported a second unidentified body found in the river, about 3 miles from the barrier.
  • Mexico's foreign ministry said:

  • "We are concerned about the impact on migrants' human rights and personal security that these state policies could have, as they go in the opposite direction to close collaboration."

  • The Texas Department of Public Safety (DPS) announced that the victim appeared to have drifted into the barrier after drowning upstream.
  • Mexico has sent two diplomatic letters to the United States saying the barrier violates an existing water treaty and potentially encroaches on Mexican territory.
  • On Tuesday, a joint letter from over 60 organizations was sent to Texan state legislators demanding that they put an end to "violent border strategies" 
  • What's the story?
  • The Department of Justice (DOJ) is suing Texas Gov. Greg Abbott (R) over the erection of barrier structures in the Rio Grande. The DOJ purports that the river barriers were set up without authorization, and the Biden administration calls them a threat to public safety.
  • Abbott said:

  • "Texas will see you in court, Mr. President."

  • What is the barrier?
  • Gov. Abbott argued that the floating barriers, which consist of large buoys, would deter migrants. The 1,000-foot-long floating barrier is roughly 4 feet tall and movable so that it can be "deployed strategically." It also has underwater webbing attached to hinder swimming.
  • It was installed near the border town of Eagle Pass in early July. It is part of Abbott's $4 billion border security initiative, Operation Lone Star.
  • What does the lawsuit argue?
  • The DOJ sent a letter to Abbott warning him of their plans to sue last week. The lawsuit, which names both Abbott and the state of Texas, was filed in federal court in Austin. The suit claims that the barrier violates the law and calls for Texas to remove it at the state's expense. 
  • The lawsuit accuses the state of violating the River and Harbors Act, which prohibits the placement of obstructions in waterways without federal approval. The suit argues that Texas never sought prior approval from the U.S. Army Corps of Engineers, which is mandatory.
  • Mexico has also requested the buoys be removed.
  • Associate Attorney General Vanita Gupta said:

  • "This floating barrier poses threats to navigation and public safety and presents humanitarian concerns. Additionally, the presence of the floating barrier has prompted diplomatic protests by Mexico and risks damaging U.S. foreign policy."

  • What does Gov. Abbott say?
  • Abbott said he would not comply with the DOJ's request to take down the barrier. He has stated that structures like the buoys have previously worked to prevent "maybe hundreds of thousands" of people from unlawfully entering the country.
  • Abbott said:

  • "To end the risk that migrants will be harmed crossing the border illegally, you must fully enforce the laws of the United States that prohibit illegal immigration between ports of entry." 

  • Abbott continued that he is willing to take the suit to the Supreme Court and won't stop defending his state's sovereignty and "constitutional right to secure the border."
  • What are people saying?
  • Vice President Kamala Harris said Abbott's actions are "inhumane, outrageous and un-American." 
  • White House press secretary Karine Jean-Pierre said:

  • "Instead of coming to the table and trying to figure out a way to work together, [Abbott] continues to do this really cruel, unjust, inhumane ways of moving forward with a system that has been broken for decades."

  •  Do you support Abbott? The lawsuit? 
  • —Emma Kansiz 
  • (Photo Credit: Texas Department of Public Safety)