EAGLE PASS, Texas — The state of Texas has secured a review in the U.S. Court of Appeals for the 5th Circuit, allowing floating buoy barriers installed in the Rio Grande to remain in place until a en banc hearing. I decided to allow it.of big bank A court hearing will take place in May 2024, reversing an earlier ruling ordering the state to remove the barrier system.
In December 2023, a 5th Circuit panel issued a split 2-1 ruling affirming the Biden administration's Department of Justice's claims that the buoys threatened public safety and impeded navigation on the Rio Grande. . As Breitbart Texas reported, an appellate court ruling at the time upheld a lower court's injunction directing the state to remove the 1,000-foot floating barrier within 10 days.
Texas Governor Greg Abbott issued a statement assuring voters that he and Attorney General Ken Paxton would file a request for a full court hearing on the issue and were prepared to take the case to the U.S. Supreme Court if necessary. It was announced that there is.
The barrier was installed in July 2023 at a busy intersection near Eagle Pass, Texas, and is manufactured by Cochran USA. While signing a number of border security bills in Austin, Mr. Abbott announced the installation of a floating barrier system in 2023. The project quickly came under fire from open border protesters who were unhappy with the installation of buoys and Governor Abbott's increased border security under Operation Lone Star.
Wednesday's ruling The decision, issued by the 5th Circuit, is part of several legal battles between the state and the Biden administration over steps Texas is taking to reduce migrant admissions at the U.S.-Mexico border. . The announcement of the decision by the Texas attorney general comes on the heels of a possible new legal battle between the Biden administration and Paxton over the Texas Department of State Military Affairs' recent seizure of Shelby Park in Eagle Pass.
As a result of last week's seizure of the border park adjacent to the Rio Grande, the Biden administration's Department of Homeland Security sent Paxton a cease-and-desist letter alleging that the Border Patrol was unlawfully obstructed from entering the park to carry out its official duties. Issued. By moving. The letter asks the state to remove the temporary gate at the park's entrance and allow full Border Patrol access by Wednesday evening or face legal action. ing.
As reported by Breitbart Texas, Paxton responded to the letter by sending a letter to the Department of Homeland Security, refuting the legal issues contained in the cease and desist letter and requesting the state's seizure and access to the area. He vowed to stand firm on the conditions for entry. border guard.
The issue remains unresolved, as does another federal court case regarding the Border Patrol's right to cut or move bellows wire installed along the border.
The case is USA vs. Greg AbbottNo. 23-50632, United States Court of Appeals for the Fifth Circuit.
Randy Clark He is a 32-year veteran of the U.S. Border Patrol. Prior to his retirement, he served as Division Chief of Law Enforcement Operations, directing operations for nine Border Patrol stations within the Del Rio, Texas area. Follow him on Twitter @RandyClarkBBTX.
