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The 5th Circuit Court of Appeals issued a ruling on Friday, affirming the Biden administration's argument that the State of Texas must remove the floating border buoy installed in the Rio Grande at Eagle Pass. The 2-1 decision backed a lower court injunction mandating the removal of the 1000-foot floating barrier within ten days, citing concerns over public safety and navigational blockages. Texas Governor Greg Abbott responded through a Friday X posting, expressing his intent to seek an immediate hearing on the matter by the entire court.
The court's decision relied on historical data classifying the Rio Grande as a navigable waterway under U.S. jurisdiction. Additionally, Chief of the U.S. Border Patrol, Jason D. Owens, provided testimony indicating the negative impact of the buoys on rescue operations conducted by his agency. Owens argued that the floating barrier could impede the freedom of movement of small watercraft crucial for swift responses in migrant rescues, potentially causing delays in rescue efforts.
According to Owens, from the beginning of fiscal year 2018 through July 23, 2023, the Eagle Pass Border Patrol Station recorded 249 water-related rescues and 89 water-related deaths of migrants in or around the Rio Grande within its area of responsibility.
The floating barrier, installed near Eagle Pass, Texas, in July, is a product of the Cochrane USA corporation. Governor Abbott had announced the installation of the barrier system in June, coinciding with the signing of several border security bills in Austin.
Open-border protesters swiftly criticized the project, expressing dissatisfaction with the buoy installation and Governor Abbott's broader efforts under Operation Lone Star aimed at enhancing border security.
This legal development represents the second setback for Governor Abbott's border security initiatives in recent days. On Wednesday, a federal judge in the Western District of Texas reversed a Temporary Restraining Order related to concertina wire along the banks of the Rio Grande in Eagle Pass. The order, which had precluded the Department of Homeland Security from manipulating the wire, was lifted, allowing the case to proceed to a trial on the merits. As of now, no trial date has been set.
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