Texas Wins Court Ruling on Rio Grande Barriers

The 5th US Circuit Court of Appeals ruled in favor of Texas on Tuesday in a legal dispute with the Biden administration over the state’s floating barrier in the Rio Grande.

Why it matters: The decision allows Texas to keep the buoys in place, which were installed to deter migrant crossings at Eagle Pass, despite the Department of Justice’s efforts to have them removed.

The details:

• Circuit Judge Don Willett, writing for the majority, argued that the relevant federal law likely did not apply to the specific stretch of the river where the buoys were placed.
• The court also concluded that the DOJ had not provided evidence that the barrier posed a safety threat and dismissed claims that removing the barriers was necessary to ease diplomatic tensions with Mexico.
• Seven judges issued dissents, including Circuit Judge James Ho, who argued that Texas should prevail because the state’s erection of the buoys constituted a “strategic military decision” to “repel” an “invasion.”
• Ho framed the case as a political dispute beyond the authority of the courts.

It remains unclear whether the Justice Department will appeal the new ruling, as they have not yet responded to inquiries on the matter.

What they’re saying:

• Texas Governor Greg Abbott celebrated the decision, stating on social media, “Texas can KEEP these buoys in the water securing our border. Biden tried to remove them. I fought to keep them in the water. That is exactly where they will stay. JUSTICE!!!!”

What’s next: The legal proceedings will continue as the case heads to a full trial. The DOJ initially sued Texas over the barriers in July 2023, obtaining an order for their removal in September, which has since been challenged and overturned by the full appeals court.

Full story

The Fifth Circuit ruled in favor of keeping Texas’ floating marine barriers in the Rio Grande.

This is a victory for Texas’ historic border security mission—but the fight is far from over.

My statement on the Fifth Circuit ruling: https://t.co/7WELap0WXN pic.twitter.com/ZFBNhBquWh

— Gov. Greg Abbott (@GovAbbott) July 31, 2024

The 5th US Circuit Court of Appeals ruled in favor of Texas on Tuesday in a dispute with the Biden administration over the state’s floating barrier in the Rio Grande. The conservative court overturned a previous ruling that ordered Texas to remove the buoys, which were put in place to stop migrants from crossing the river at Eagle Pass. Judge Don Willett, writing for the majority, said the federal law likely did not apply to the part of the river where the buoys were installed.

By what is basically a 9-1-7 vote, the en banc Fifth Circuit holds that a Texas district court abused its discretion when it enjoined Texas’s placement of a barrier in the Rio Grande along the U.S.-Mexico border:https://t.co/m5kbBJxaey

Ho’s separate opinion is … wild.

— Steve Vladeck (@steve_vladeck) July 31, 2024

He also said the Department of Justice did not show evidence that the barrier was a safety risk, and he dismissed claims that removing the buoys was needed to improve relations with Mexico. However, not all judges agreed with the decision. Seven judges wrote dissents, including Judge James Ho, who said Texas should win for a different reason.

If Border Czar Kamala Harris won’t secure the border, states must be able to protect themselves from her catastrophic failures.

Big WIN for Texas and other border states like Arizona!https://t.co/SXoT6nw6ml

— Congresswoman Debbie Lesko (@RepDLesko) August 1, 2024

He argued that Texas putting up the buoys was a “strategic military decision” to “repel” an “invasion,” and that the courts should not get involved in this political dispute. It is not clear if the Justice Department will appeal the new ruling.

Texas court ruling on Rio Grande

My take on new en banc 5th Circuit decision ruling for Texas in water buoy case, but WITHOUT addressing argument that illegal migration is "invasion." I also critique J. Ho's concurring opinion, which does endorse invasion theory: https://t.co/Jrgw6kbZPD

— Ilya Somin (@IlyaSomin) July 31, 2024

The department did not ask the Supreme Court to step in when the 5th Circuit previously let Texas keep the barriers in place. The department has not responded to questions about what it will do next. Texas Governor Greg Abbott celebrated the decision on social media, saying, “Texas can KEEP these buoys in the water securing our border.

Biden tried to remove them. I fought to keep them in the water. That is exactly where they will stay.

JUSTICE!!!!”

The legal battle will go on as the case moves to a full trial. The Justice Department first sued Texas over the barriers in July 2023, and in September a judge ordered them to be removed. But the full appeals court has now overturned that order.