A federal appeals court has ruled that a floating barrier in the Rio Grande meant to curb the flow of illegal migrants from Mexico into Texas can remain in place for now.
The Fifth Circuit Court of Appeals overturned a previous decision by a panel of the court who said the buoys must be moved in December, saying the court had abused its discretion in granting a preliminary injunction.
Texas Gov. Greg Abbott responded to the ruling on social media, calling the court’s decision “justice.”
“Biden tried to remove them. I fought to keep them in the water,” the Republican wrote. “That is exactly where they will stay.”
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The buoy barrier was installed near the border town of Eagle Pass, Texas, with anchors in the riverbed.
The buoys brought legal challenges from the Biden administration, which accused Texas of putting a barrier on the international boundary without permission in violation of the Rivers and Harbors Act. The Biden administration also said the water barrier raised humanitarian and environmental concerns.
The Biden administration also is fighting for the right to cut razor-wire fencing at the border and for access to a city park at the border that the state fenced off.
The broader lawsuit in district court is set for a trial beginning on Aug. 6.
Fox News’ Michael Dorgan and The Associated Press contributed to this report.
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