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Texas border floating barrier in Rio Grande can stay for now, court rules

A federal appeals court has ruled that a floating barrier installed on the Rio Grande to stop illegal immigrants from Mexico entering Texas can remain in place for the time being.

The 5th Circuit Court of Appeals overturned a previous ruling by its trial panel that said the buoys must be moved in December, saying the court abused its discretion in issuing the preliminary injunction.

Texas Governor Greg Abbott reacted to the ruling on social media, calling the court’s decision “justice.”

“Biden tried to remove them. I fought to keep them underwater,” the Republican wrote. “They’re going to stay there just like that.”

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The buoy barrier was set up near the border town of Eagle Pass, Texas, and anchored to the river bottom.

Governor Greg Abbott has installed barriers with floating buoys to prevent migrants from crossing the border. (David Peinado Romero/Anadolu Agency via Getty Images, File)

The buoys have drawn a lawsuit from the Biden administration, which accused Texas of violating the Rivers and Ports Act by erecting the barriers at the international border without a permit. The Biden administration also said the water barriers raise humanitarian and environmental concerns.

A floating barrier is being installed in the middle of the Rio Grande.

The floating barrier is located in the middle of the Rio Grande near the border town of Eagle Pass, Texas, and is anchored to the riverbed. (Chandan Khanna/AFP via Getty Images, File)

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The Biden administration is also fighting for the right to cut down barbed wire fences on the border and access to state-fenced urban parks on the border.

Biden sits at a desk

The Biden administration is challenging the floating barrier on the Rio Grande. (Anna Moneymaker/Getty Images, File)

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The broader lawsuit in district court is scheduled to begin on August 6.

Fox News’ Michael Dorgan and The Associated Press contributed to this report.

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