In a recent development, a US federal appeals court has ruled that Texas is permitted to keep the floating barrier in place in the Rio Grande, contradicting a previous decision by a district court which had demanded its removal just a day prior. The decision was made after an appeal by Texas Governor Greg Abbott and an accompanying emergency motion to pause the district court’s ruling.
The controversy concerns a 1,000-foot-long buoy system anchored by chains to concrete blocks on the riverbed of the Rio Grande, precisely along the US-Mexico border. The Governor argues that this barrier is mitigating unlawful crossings by directing individuals to official ports of entry, thereby potentially saving lives.
Texas has endured a state of emergency since May 2021, instigated by Abbott’s declaration as a response to an influx of individuals illegally crossing the US-Mexico border. In July, Abbott made the decision to extend the disaster proclamation. There have, nevertheless, been serious concerns raised about the barrier, both within the US and from its southern neighbour, Mexico.
Following the placement of the floating barrier into the Rio Grande, federal US officials urged the Texan Governor to remove it. The official request was ignored, leading the Department of Justice (DOJ) to file a lawsuit against the state. The DOJ claimed potential contravention of the Rivers and Harbors Act, as the navigation of international waters is obstructed by the barrier.
Two bodies have since been discovered near the floating barrier. While on Wednesday, a federal district court agreed with the DOJ and ordered the removal of the floating barrier, the federal appeal court’s decision on Thursday has now overturned this. Consequently, the barrier will remain in the Rio Grande for the foreseeable future.