In a recent development, the 5th Circuit Court of Appeals has ruled against Texas, mandating the removal of a controversial series of buoys placed in the Rio Grande River along the state’s border with Mexico. The decision, reached by a 2-1 majority, rejected Texas’ request to overturn a federal district judge’s order from September, which called for the removal of the divisive barrier.
The buoys, deployed by Texas Governor Greg Abbott as part of Operation Lone Star in early July, consist of a 1,000-foot stretch of orange spherical buoys connected by heavy metal cables, including an anti-dive net. Governor Abbott claimed the barrier successfully deterred unauthorized border crossings, but the Department of Justice filed a lawsuit, arguing that it violated federal environmental law by obstructing U.S. waterways.
In the majority opinion, Judge Dana Douglas, an appointee of President Joe Biden, emphasized the potential threats posed by the floating barrier to navigation, federal government operations, and human life along the Rio Grande. The ruling cited the 1899 Rivers and Harbors Appropriation Act, which requires congressional authorization for obstructions in navigable waters.
Texas now faces the task of dismantling the buoy barrier following the court’s decision. Governor Abbott’s office did not immediately respond to the ruling, but he had previously stated intentions to appeal the case to the Supreme Court.
The controversy surrounding the buoys has generated criticism from immigration advocates, Democrats, and the Mexican government. Critics argue that the barrier posed a threat to migrants seeking asylum, with reports of a dead body found lodged in the buoys in August. The Mexican government has also condemned the buoys, alleging violations of international water rights.
Operation Lone Star, a broader state-led initiative by Governor Abbott ongoing for over two years, aims to use state administrative power to address what he perceives as a failure by the Biden administration to secure the border. Republicans, including Abbott, assert that the buoy barrier is crucial for controlling the influx of migrants, while also arguing that the Rio Grande is not navigable, challenging the necessity for federal authorization under the 1899 law.
The dissenting opinion by Judge Don Willett, a Donald Trump appointee, disputes the majority’s characterization of the river’s navigability, emphasizing a century of precedent pointing to the conclusion that the specific 1,000-foot segment is not navigable.
This ruling adds another layer to the ongoing debate over border security and immigration policies in the United States.
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