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Appeals Court Orders Texas To Remove Border Buoy Barrier

Anastasia Boushee
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While the Biden administration continues to allow the southern border to remain essentially wide open, President Joe Biden’s Department of Justice (DOJ) has just been given a victory by the Fifth Circuit Court of Appeals in their efforts to stop Texas from trying to do the federal government’s job of stemming the tide of illegal immigration.

In a 2-1 ruling on Friday, the Fifth Circuit Court of Appeals declared that the floating border buoy barrier installed by the State of Texas in the Rio Grande at Eagle Pass must be removed. In their decision, the appeals court agreed with the DOJ’s claims that the buoy barrier poses a threat to public safety and blocks navigation in the Rio Grande.

The floating buoy border barrier was erected in July at a busy crossing point for illegal aliens near Eagle Pass, Texas, as part of Texas Gov. Greg Abbott’s (R) efforts under Operation Lone Star to stop the massive flood of illegals entering his state.


While border security advocates supported Abbott’s plans, the Biden administration was outraged over the barrier. Almost immediately after the buoys were placed in the Rio Grande, the DOJ sent a letter to Abbott demanding it be taken down under threat of a lawsuit. The Texas governor refused to do so, stating, “We will see you in court, Mr. President,” ultimately prompting the legal battle.

The Fifth Circuit Court of Appeals’ Friday ruling upholds a lower court injunction that ordered Texas to dismantle the 1000-foot buoy barrier within ten days, but it appears that Abbott has no intention to remove the barrier.

The Texas governor has already vowed to appeal the decision, writing in a social media post that he would be seeking an immediate hearing on the issue by the entire court.

“The 5th Cir. Court of Appeals’ denial of Texas’ sovereign authority to secure the border with floating marine barriers is clearly wrong. AG Paxton & I will seek an immediate rehearing by the entire court. We’ll go to SCOTUS if needed to protect Texas from Biden’s open borders,” Abbott wrote in a post on X, formerly known as Twitter.

Meanwhile, as Abbott tries to stem the tide of illegal immigration, the Biden administration is only focusing its efforts at the southern border on administrative duties and shepherding illegal aliens into the country.