A federal appeals court has temporarily reversed an order that required Texas to remove floating barriers at its border to curb the influx of illegal immigrants, a move that joins a series of second-hand decisions in recent months. This is the latest in a series of rulings.
Last month, a panel of the Fifth Circuit issued a split decision upholding a district judge's order requiring Texas to relocate buoys placed in the Rio Grande River on the Texas-Mexico border to the Texas side of the river. .
Texas Attorney General Ken Paxton immediately filed a petition asking the court to reconsider the case and allow the buoys to be installed while the court considers the petition.
Migrants from Colombia stand at a floating buoy barrier as they attempt to cross the Rio Grande River from Mexico into the United States on Monday, August 21, 2023 in Eagle Pass, Texas. (AP Photo/Eric Gay)
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Paxton said in a press release Wednesday that he secured a public review by the 5th Circuit Court of Appeals regarding the Biden administration's attempt to force Texas to remove the buoys.
Paxton said the buoy system was deployed by the state of Texas to reduce the number of migrants attempting to enter the U.S. without vetting by crossing the river, which is dangerous and illegal, rather than at a designated port of entry. Ta.
Now that the Fifth Circuit has granted en banc review, the order to move the buoy remains on hold. Argument in the Fifth Circuit is scheduled for May 2024, Paxton said.
A federal appeals court has temporarily reversed an order that required Texas to remove floating barriers at its border to curb the flow of illegal immigration. (Omar Ornelas/El Paso Times/USA TODAY NETWORK)
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“Great news!” Paxton wrote about X in a post sharing details of the lawsuit.
Gov. Greg Abbott deployed buoys in July to stem the flow of migrants coming across the southern border. The plan was part of the governor's broader “Operation Lone Star” to address the rise in illegal immigration.
A buoy barrier was set up near the border town of Eagle Pass, with an anchor placed in the riverbed. The region is part of the Border Patrol area and has had the second-highest number of migrant arrivals this year, with about 270,000 encounters.
Texas Attorney General Ken Paxton filed a petition asking the court to reconsider the case and allow the buoys to remain in place while the court considers the petition. (Drew Angerer/Getty Images)
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The buoy prompted a legal challenge from the U.S. Department of Justice, which accused Texas of erecting an unauthorized border barrier in violation of the Rivers and Ports Act. The Biden administration also said water barriers raise humanitarian and environmental concerns.
Immigration attorney Thomas Esparza told Fox 7 that he expects the 5th Circuit will ultimately rule in favor of keeping the floating barrier.
“The Fifth Circuit just wants to involve all the judges in making a decision,” Judge Esparza said. “They're a very conservative court. They're going to lean in favor of the Texas governor,” he said.
FOX News' Bradford Betts contributed to this report.
