Home News Court Rules in Favor of Controversial Texas Border Barrier

Court Rules in Favor of Controversial Texas Border Barrier

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Gavel via Wikimedia Commons Image

The Fifth Court of Appeals ruled in favor of Texas’ floating border barrier on Thursday, dealing a blow to the Biden administration and pro-immigration groups.

Senior U.S. District Court Judge David Ezra originally ordered Texas officials to remove the floating barriers from the river that Governor Greg Abbott (R-TX) had installed before the Appeals Court granted a motion from Texas.

Abbott’s legal team said on Thursday that “buoys have nearly eliminated illegal crossings of people and drugs where they’ve been placed.”

The Daily Wire has more:

Ezra’s order followed the Department of Justice suing Texas over the barrier, citing environmental and humanitarian concerns. Ezra, a Reagan appointee, said Texas’ actions had violated the Rivers and Harbors Act (RHA) of 1899. 

“The Court finds that the barrier’s threat to human life, its impairment to free and safe navigation, and its contraindication to the balance of priorities Congress struck in the RHA outweigh Texas’s interest in implementing its buoy barrier in the Rio Grande River,” the judge wrote. “The harm to navigation is clearly evident from the evidence presented, while the State of Texas did not present any credible evidence that the buoy barrier as installed has significantly curtailed illegal immigration across the Rio Grande River.”

Abbott argued that Ezra’s ruling was wrong and vowed that Texas would challenge it. 

“This ruling is incorrect and will be overturned on appeal,” Abbott said in a statement. “We will continue to utilize every strategy to secure the border, including deploying Texas National Guard soldiers and Department of Public Safety troopers and installing strategic barriers.”

10 COMMENTS

  1. judge ezra claimed the buoys ‘violated’ the 1899 Port & Waterways act – in his opinion but didn’t give any specifics as to how. I’m still trying to determine what Connotational authority that act was enacted under, exact which of the seventeen enumerated federal powers allowed it. Remember kiddies (can’t say boys and girls as that is sexist) the Constitution specifically limits the powers of the feds.

    • They are trying to use Section 10 of the Rivers and Harbors Appropriation Act of 1899. 33 U.S.C. 403. Construction of bridges, causeways, dams or dikes generally; … Since the Texas blockade is not a permanent structure it does not fall under this “act”.

  2. It is amazing how far left our country has gone. If we have no borders we have no country. They are after our guns money children food and transportation. They want to dictate what size soft drink you can have. They are telling you how many beers per week you can drink? This is not why I pay taxes.
    They have no idea who is coming into our country from around the world. This is outright treason.

  3. The dems/leftist have been lying for so long and getting away with it, that they have forgotten that the piper must be paid, and the American people are now the piper.

  4. That just moves them to another part of the river. We need a wall and it must be patrolled constantly Then we need to prosecute people who hire illegals.

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