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Wednesday, September 18, 2024
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Texas Wins: The Biden Administration Loses Legal Battle on Marine Barriers Along the Rio Grande

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Photo Courtesy Office of the Governor
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AUSTIN—Governor Greg Abbott issued a statement celebrating the U.S. Court of Appeals for the Fifth Circuit’s landmark decision. This landmark decision allows Texas to maintain its floating marine barriers in the Rio Grande River. This ruling marks a significant development in the ongoing dispute between Texas and the Biden administration over border security measures, a crucial update for all stakeholders.

Governor Abbott emphasized that the Fifth Circuit’s decision supports Texas’ efforts to prevent illegal and dangerous river crossings. The floating barriers, installed last year as part of Texas’ Operation Lone Star, aim to curb illegal immigration and enhance border security. However, the Biden administration immediately contested these measures, leading to a legal battle.

In July 2023, the U.S. Department of Justice (DOJ) sued Texas, arguing that the barriers were installed without proper authorization from the U.S. Army Corps of Engineers and obstruct navigation on the Rio Grande, an international waterway. The DOJ’s lawsuit contended that the barriers posed risks to public safety and violated treaties with Mexico, demanding their removal.

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Photo Courtesy Office of the Governor

Governor Abbott defended the barriers, asserting Texas’ constitutional right to secure its borders. He accused the Biden administration of failing to manage the border crisis, necessitating effective state intervention. Abbott argued that the federal government’s border policies had created a humanitarian disaster, leaving Texas no choice but to take action.

A federal district judge initially sided with the DOJ, ordering the removal of the barriers. However, the recent ruling from the Fifth Circuit, a significant victory for Texas, reversed this decision, allowing Texas to keep the barriers in place while the legal proceedings continue. Abbott hailed this as a triumph for Texas and vowed to continue fighting to secure the border, potentially taking the case to the U.S. Supreme Court if necessary.

This conflict highlights the tensions between state and federal authorities over immigration policies and border security. Governor Abbott’s Operation Lone Star, launched in March 2021, includes deploying state troopers and National Guard members to the border, constructing barriers, and transporting migrants to cities across the U.S. The floating barriers are a controversial element of this strategy, drawing criticism from domestic and international entities.

Floating barrier in the Rio Grande near Eagle Pass. Photo taken by a USBP drone, in the Public Domain

The DOJ lawsuit followed complaints from the Mexican government and local entities, who argued that the barriers disrupted navigation and endangered lives. Despite these challenges, Texas remains firm in its commitment to border security, with Abbott asserting that the state will continue to utilize all available strategies to protect its citizens.

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In summary, the Fifth Circuit’s decision represents a temporary win for Texas in its effort to manage border security independently of federal oversight.

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