Appeals Court Rules Rio Grande Barrier Can Remain For Now
Do you agree with the lawsuit?
Updated Sept. 8, 2023, 10:18 a.m. PST
- The 5th Circuit Court of Appeals issued a temporary stay last night that allows Texas to keep the Rio Grande floating barriers in place while it further examines the case.
- On Wednesday, a federal judge ruled that the barriers were a threat to safety and diplomatic ties, and the state of Texas filed an immediate legal challenge.
Updated Sept. 7, 2023, 11:45 a.m. PST
- U.S. District Judge David Ezra has ordered Texas to remove the Rio Grande floating barrier, arguing that it threatens public safety and diplomatic relations.
- The preliminary injunction requires that the barriers be removed from the river and placed on an embankment by Sept. 15.
- Texas plans to appeal the verdict. Gov. Greg Abbott said:
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"Today's court decision merely prolongs President Joe Biden's wilful refusal to acknowledge that Texas is rightfully stepping up to do the job that he should have been doing all along.”
- Judge Ezra, a Reagan appointee, questioned whether the barriers even deterred illegal immigration.
- U.S. Associate Attorney General Vanita Gupta said the Biden administration was satisfied with the ruling:
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"We are pleased that the court ruled that the barrier was unlawful and irreparably harms diplomatic relations, public safety, navigation, and the operations of federal agency officials in and around the Rio Grande.”
- Updated August 23, 2023, 2:56 p.m. PST
- U.S. District Judge David Ezra heard arguments Tuesday about whether authorities should remove the Rio Grande barrier that was installed to stop migrants from crossing the river into Texas.
- The hearing came after Texas Gov. Greg Abbott and the Republican governors of Iowa, Nebraska, Oklahoma, and South Dakota gathered on the riverbank to defend the militarization of the border. Abbott claimed that the barrier’s position had been adjusted after Mexico complained that the buoys were located on their territory.
- During the hearing, U.S. State Department official Hillary Quam argued that the buoys could damage U.S.-Mexico relations. Quam said:
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“Mexico has sensitivities about sovereignty and doesn’t want to be seen as a lesser partner to the United States.”
- Ezra did not rule at the hearing and ordered both sides to submit written closing arguments by Friday. The Biden administration is seeking a court injunction ordering the removal of the barriers. If Ezra issues an emergency injunction, Texas would have to remove the barrier.
- Rep. Joaquin Castro (D-Texas) said :
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"It’s incredibly dangerous, incredibly inhumane. And it’s the reason that I’ve said that it’s barbaric, because it is. You see that go all along there. People are getting stuck. There was a dead body that was stuck to this last week, reports of a child that died.”
- Updated August 3, 2023, 11:38 a.m. PST
- Mexican authorities are working to identify a body found trapped in the floating barriers installed by Gov. Abbott in the Rio Grande River. Mexican officials also reported a second unidentified body found in the river, about 3 miles from the barrier.
- Mexico's foreign ministry said:
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"We are concerned about the impact on migrants' human rights and personal security that these state policies could have, as they go in the opposite direction to close collaboration."
- The Texas Department of Public Safety (DPS) announced that the victim appeared to have drifted into the barrier after drowning upstream.
- Mexico has sent two diplomatic letters to the United States saying the barrier violates an existing water treaty and potentially encroaches on Mexican territory.
- On Tuesday, a joint letter from over 60 organizations was sent to Texan state legislators demanding that they put an end to "violent border strategies"
- The discovery comes in light of a Houston Chronicle report that finds that Texas troopers have been separating migrant families who enter the U.S., detaining and separating fathers on trespassing charges. This is in violation of guidelines issued in 2021.
- What's the story?
- The Department of Justice (DOJ) is suing Texas Gov. Greg Abbott (R) over the erection of barrier structures in the Rio Grande. The DOJ purports that the river barriers were set up without authorization, and the Biden administration calls them a threat to public safety.
- Abbott said:
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"Texas will see you in court, Mr. President."
- What is the barrier?
- Gov. Abbott argued that the floating barriers, which consist of large buoys, would deter migrants. The 1,000-foot-long floating barrier is roughly 4 feet tall and movable so that it can be "deployed strategically." It also has underwater webbing attached to hinder swimming.
- It was installed near the border town of Eagle Pass in early July. It is part of Abbott's $4 billion border security initiative, Operation Lone Star.
- What does the lawsuit argue?
- The DOJ sent a letter to Abbott warning him of their plans to sue last week. The lawsuit, which names both Abbott and the state of Texas, was filed in federal court in Austin. The suit claims that the barrier violates the law and calls for Texas to remove it at the state's expense.
- The lawsuit accuses the state of violating the River and Harbors Act, which prohibits the placement of obstructions in waterways without federal approval. The suit argues that Texas never sought prior approval from the U.S. Army Corps of Engineers, which is mandatory.
- Mexico has also requested the buoys be removed.
- Associate Attorney General Vanita Gupta said:
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"This floating barrier poses threats to navigation and public safety and presents humanitarian concerns. Additionally, the presence of the floating barrier has prompted diplomatic protests by Mexico and risks damaging U.S. foreign policy."
- What does Gov. Abbott say?
- Abbott said he would not comply with the DOJ's request to take down the barrier. He has stated that structures like the buoys have previously worked to prevent "maybe hundreds of thousands" of people from unlawfully entering the country.
- Abbott said:
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"To end the risk that migrants will be harmed crossing the border illegally, you must fully enforce the laws of the United States that prohibit illegal immigration between ports of entry."
- Abbott continued that he is willing to take the suit to the Supreme Court and won't stop defending his state's sovereignty and "constitutional right to secure the border."
- What are people saying?
- Vice President Kamala Harris said Abbott's actions are "inhumane, outrageous and un-American."
- White House press secretary Karine Jean-Pierre said:
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"Instead of coming to the table and trying to figure out a way to work together, [Abbott] continues to do this really cruel, unjust, inhumane ways of moving forward with a system that has been broken for decades."
- Do you support Abbott? The lawsuit?
- —Emma Kansiz
- (Photo Credit: Texas Department of Public Safety)
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I agree with the lawsuit, but really wish we could stop spinning our wheels. Governors are acting like a toddlers having tantrums. Spending time and taxpayer monies to promote agendas that hurt/kill people.
When you hurt people to promote your agenda, your not a leader. Again, while I sympathize with the states affected by immigration, blaming, harassing, or harming immigrants is not the answer.
Working with countries south of the border, ensuring any monies given to other countries directly go to improve the safety & living conditions of the people (instead of lining the pockets of corrupt politicians), focusing on reversal of global warming, and the passing & enforcement of effective immigration laws will help. It's past time to make it happen.
I don't fully agree with the whole "state sovereignty" argument. A state is part of our United states, so they must follow our federal laws, including the border laws.
While we don't want people to cross in places that aren't designated border crossings, it's cruel and dangerous to place barriers like this in other parts of the border, especially if there's no one to help anybody who gets harmed by these barriers.
I think the federal government has a strong case here, but with this Supreme Court I guess we'll see...
Abbott is committing crimes against humanity. He has blood on his hands, should be removed from office and prosecuted
I not only strongly support the lawsuit but want criminal charges brought against Greg Abbott.
Abbott's outrageous orders are clearly unjust, cruel, and inhumane.
As it is now, Abbott's term doesn't end until January of 2027. I ask that the rational and compassionate people of Texas use their considerable political might to compel Abbott to negotiate with the Federal Government to figure out a way to work together for reasonable solutions to the problems of a long-broken system.
Abbott's orders not only reveal his willingness to be lethally inhumane. but also the people of Texas' willingness to let him do so. Even if their governor is a sociopath, there is no reason to acquiesce. There are grounds to impeach Abbott.
We have also learned that Texas law enforcement officers are separating families. This must be stopped and the officers punished.
We must also need to hold accountable those who built the lethal floating barrier. Certainly, the builders may genuinely believe they simply fulfilled sociopathic orders, but those orders were illegal. Ultimately the builders are the ones responsible for the bloodshed and death of desperate people. Simply saying "We were following orders" is a defense long-proven wrong.
No it is cruel and causing physical harm.
Totally agreee. Abbott is nothing but a bigoted asshole who needs to be removed from office.
Abbott is just kissing the arse of the "white power" movement to gain clout with the GOP. If it could be arranged for all the fish to be moved into the westen side of the barrier at least those wanting to get into our country would be fed. Not only would they be fed but they could probably make a profit selling those fish which in turn would help the Mexican government. Better yet, why don't we just remove all federally supported entities from Texas, give the locals 90 days to re-locate to a place of their choosing, and give Texas back to Mexico. I can imagine Teddy Roosevelt and his "Rough Riders" turning in their graves over this fiasco. Besides, with all the climate change going on the predictions of Texas being flooded all the way to the Red River could easily happen. Even Florida is facing that problem. (Makes you wonder just how out-of-touch the governors of these states really are.) Anyway, I am in full support of the law suit against Abbott and the state of Texas. And I will not apologise for my sarcasm.
Every single one of you supporting Abbott is advocating against the Constitution.
Just, you know, pointing that out. For people who claim to love this country, you sure don't seem to have a problem ignoring its laws when it comes to killing people who don't look like you.
Abbott should be tried for crimes against humanity and with murder for every body recovered. The GQP have made America a global joke.
Oh but...Didn't Trump build a wall? You can ask any Trumpster that question and he/she would say yes. But then Trumpsters have the attention span of a gnat so...maybe they forgot? Surely we don't need a wall and a barrier, especially since Trump said the wall would be the biggest wall, a bestest wall and stop illegal immigration forever! Right? Right? So with that logic, Texas can't possibly need a barrier since Trump never,ever lies.(sarcasm).
Eric Adams wants more barriers.
End of story, even the Democrats and socialists realize the horrible effect this southern border invasion is having on our country.
The floats are dangerous?
To who? If they're dangerous then the must be effective.
This means anyone with common sense won't be attempting to climb over them.
Which also means the illegals are forced to funnel into one area where they can be picked up by border patrol.
Which is simply going to release them into the country anyways.
How's things going over in South Eastern PA? Did they catch the 2 time murderer illegal yet?
Wait till he gets desperate and kills again.
Biden and the socialist have blood on their hands.
how awful that the appeals court stayed the ruling.
Build the wall! Take care of our citizens instead!
Our Southern border is out of control. Those who voted for that inept puppet in the White House be prepared to take in some of these migrants. Our Country used to be a country of rules. It's becomming a third world country because of the ignorance of some Americans.
This barrier is a crime against humanity and needs to be removed. Everything that is being done at the Southern border is explicitly to enforce cruelty and leads to suffering and death. Instead of treating everyone like a criminal, we should be actively working to at least provide humane conditions in which to allow people to figure out what to do next. People have a right to seek asylum, regardless of where they enter the country. Restricting it so that everything is illegal is just an excuse for being awful to humans.
An inhumane, dangerous, and entirely cruel answer for a humanitarian crisis. This and other barriers must be demolished.
Leave the barrier. Ask the people that live on the border if they want it moved.
let the appeals cout get caught up in the Rio Grande barrier
no person should die because they are trying to get a better place to live
I agree with the initial lawsuit to get Texas to take down the barrier. It's amazing how far Republicans will go to demonstrate they hatefulness.
No human beings are "illegal". Open the borders, NOW!
"Everything is bigger in Texas" including over-blown egos, white supremacy, hatred of the lower classes that can't "buy" favors. This action taken by Gov. Abbot is going too far and harmful to other human life. He should be "horse whipped" and left to rot in his greed for poer and control over all.
I am not sure what the question is asking. I do know that our Congresss continues to fail us and no one holds them accountable for their uslessness. We have NO immigration policy or border enforcement policies that are enforceable. Texas has the right to try and stop the onslaught of illegals crossing via the river. The federal government is a failure on this issuse since our failed elected officials would rather balme each other rather than fix the issue. Disgusting and again proves that we have too many in Congress. Each state should be allocated two and make them perform. The last thing we need is more wasting money as 99% oif them do now. A very sad state of affairs.
It is illegal to stop illegals. CA has bill to make resisting thieves a crime and car theft is now the fault of the car.
Now, now Mr. Abbott watch your tone regarding others. We can all make comments without name bashing. if the wall cannot be federally funded start the initiative to privately fund it and see if people put their money where their mouth is.
Finish the wall, change immigration laws, but buoys in the river are just fanning the flames of an already hot topic.
Greg Abbott is cruel and heartless. This floating barrier is an offense to America. Remove it; then remove Abbott.
I agree with the lawsuit, but I don't agree with the latest ruling. The barrier is just plain stupid (but then it originates from someone who is stupid) and I'm sure poses a danger.
Still waiting for ABBOT and his REPUBICAN GOV. friends to TEST the WATER there and take a SWIM!!!