A US federal judge has instructed the state of Texas to shift its controversial floating barrier from the central waters of the Rio Grande to the riverbank. The judge’s orders come as a preliminary injunction document that was granted on Wednesday by US Senior District Judge David Alan Ezra, as a result of the US Department of Justice’s request. The request was made following a legal dispute with Texas on their floating barrier construction.
Judge Ezra believes that Texas’ unapproved construction and maintenance of the barrier likely contravenes the Rivers and Harbors Act, which outlaws any obstruction affecting the navigable capacity of U.S waters that isn’t expressly permitted by Congress. Exceptions are made for plans sanctioned by the Chief of Engineers and authorized by the Secretary of the Army.
The argument by Texas stating its barrier construction as a measure of self-defense against an “invasion” did not convince Judge Ezra, prompting him to issue a preliminary injunction. He then ordered Texas to relocate its barrier pending a final solution. However, Judge Ezra emphasized that Texas only needs to coordinate the movement of the barrier with the Corps of Engineers and that this order is only temporary.
Texas Governor Greg Abbott declared in June that Texas would introduce a 1,000-foot floating barrier in the Rio Grande River near Eagle Pass, Texas in an endeavor to curb the number of immigrants passing into the US through the Texas border from Mexico. The barrier was constructed despite the US federal government asking for its removal. In reaction to Texas’ non-compliance, the US Department of Justice (DOJ) filed a lawsuit against the state, based on the DOJ’s enforcement powers given by the Rivers and Harbors Act.
Post the Wednesday ruling, Governor Abbott defended Texas’ stand by stating that the recent court ruling would only extend President Biden’s purposeful denial of the problem, and that Texas was right in taking the necessary steps to ensure border security —a duty he believed the President had been neglecting Abbott stated. Refusing to accept the ruling, he vowed to take the dispute all the way to the U.S. Supreme Court if needed. The appeal against the district court’s decision will now move to the US Fifth Circuit Court of Appeals.
Not surprisingly, the floating barrier has become a contentious point. Earlier this month, it was confirmed by Mexican authorities that two bodies had been recovered from the Rio Grande. The discovery prompted a response from Mexican President Andres Manuel Lopez Obrador who described such obstructions as “inhumane”.
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