A federal appeals court put a temporary hold on a lower court judge’s order telling Texas Gov. Greg Abbott to remove his floating buoy barriers from the Rio Grande River Thursday.
The 5th US Circuit Court of Appeals is temporarily allowing the state to keep its floating barriers while it considers the case, a day after Western District of Texas Judge David A. Ezra ordered Abbott to remove the buoy border by September 15, according to the Houston Chronicle. (RELATED: Federal Judge Orders Greg Abbott To Remove Border Buoys)
The three judges ruled unanimously to keep the buoys floating, and no reasoning or court dates were provided, the outlet noted.
Appeals court temporarily stays order for Texas to remove buoy barrier https://t.co/9No16qZmE9
— POLITICO (@politico) September 8, 2023
The Department of Justice (DOJ) sued Abbott in July, arguing he violated the Rivers and Harbors Appropriation Act, which bars obstructing navigable waters without permission from the U.S. Army Corps of Engineers, according to NBC News. The floating barriers are primarily in Mexico, according to a court filing that cited a survey by the International Boundary and Water Commission (IBWC).
The civil suit also reportedly said the barrier “poses risks to health and public safety” by hindering travel and harming U.S.-Mexico relations.
The buoys are part of Abbott’s border security program, Operation Lone Star, which has sent thousands of National Guard troops to the border, made miles of razor wire along the Rio Grande River to discourage border crossings, and sent the illegal immigrants to other states, the Houston Chronicle reported.