Texas can keep a 1,000-foot (300-meter) long Floating Barrier in the Rio Grande, to deter Illegal Border Crossings at the River separating the U.S. and Mexico, a U.S. Appeals Court has Ruled, Rejecting a Challenge by President Biden's Administration.
The Full New Orleans-based 5th U.S. Circuit Court of Appeals on Wednesday, reversed a Preliminary Injunction granted by a Lower Court, that required Texas to move the String of wrecking ball-sized Buoys it placed in a Shallow area of the River.
The Administration has called the State Actions an Unlawful Intrusion on Federal Authority to set Immigration Policy.
The 5th Circuit's Decision allows Texas to keep the Barrier in place, pending the outcome of the Biden Administration's Lawsuit accusing the State of Violating a U.S. Environmental Law.
"I fought to keep them in the water. That is exactly where they will stay," Abbott wrote on Tuesday night.
Texas-based U.S. District Judge David Ezra in April, Refused to Dismiss the Llawsuit and had directed Texas to move the bBrrier to the U.S. side of the River, pending the outcome of the Biden Administration's Lawsuit seeking to Remove it. A Trial in the Case is scheduled to start Next Week.
The Lawsuit accused Texas of Violating a U.S. Environmental Law requiring States to receive Federal Approval before building Obstructions in Navigable waters.
Ferries and some Government Vessels Ooperate near the shallow, rocky area, of the Rio Grande where Texas installed the Barrier, according to Court Filings.
The Full 5th Circuit agreed to hear the Case, after a divided Three-Judge Panel sided with the Biden Administration in December, 2023. Twelve of the Court's 17 Active Judges are Appointees of Republican Presidents, but Two of the Three Judges on that Panel were appointed by Democrats.
In Wednesday's Opinion, the Full 5th Circuit said the Lower Court "clearly erred in finding that the United States will likely prove that the barrier is in a navigable stretch of the Rio Grande."
The Floating Barrier is part of Abbott's broader effort to Deter and Punish Illegal Border Crossings, collectively known as Operation Lone Star.
Texas is also involved in Legal Battles over its Placement of Razor-Wire Fencing on Private Property along the Border, and a Law passed last year Authorizing State Officials to Arrest, Prosecute, and Deport People who cross the Border Illegally.
The Biden Administration has also Sued Iowa and Oklahoma for passing Similar Laws, which it has said Interfere with Federal Enforcement of U.S Immigration Laws. Judges have Blocked All Three States' Laws pending the Outcome of the Lawsuits.
Republicans, favoring a Hardline approach toward Illegal Immigration, have Criticized Biden's Policies as lax, and have accused Him of allowing a Crisis to Worsen along the U.S.-Mexican Border.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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