On Wednesday, the US Court of Appeals for the Fifth Circuit granted an en banc rehearing to Texas, relating to the state’s dispute with the federal government over a barrier constructed in the Rio Grande. This reverses the court’s previous judgment, meaning the full court will examine the case.
In June, Texas Governor Greg Abbott authorised the construction of floating barriers in the Rio Grande as part of a series of border enforcement regulations. The deterrent was deployed against irregular border crossings from Mexico to the US, leading to the installation of a 1,000-foot barrier in the river near Eagle Pass, Texas. Lt. Chris Olivarez of Texas Department of Public Safety previously discussed the aims of the barrier in a FoxNews interview.
The Biden Administration subsequently sued Texas, calling for the barrier’s removal. They claimed Texas violated 33 U.S.C. § 403 by erecting the barrier without federal authorization and consequently obstructing navigation in the waterway.
Mexican Foreign Minister Alicia Barcena also argued against the barrier, citing a 1944 Treaty between Mexico and the US overseeing shared watercourse use.
A district court endorsed the Biden administration’s stance in September, mandating the state to dismantle the barriers. This ruling was upheld by the Fifth Circuit upon appeal in December. However, a rehearing has now been granted, following a request from Texas lodged a mere three days subsequent to the appeal court’s initial decision.
The case has been set for en banc examination in May 2024. For further detailing, view the full report at Jurist.