Court allows Texas to keep floating border barrier for now

A federal appeals court overturned a lower court’s preliminary injunction on Tuesday, allowing Texas officials to keep a floating barrier in the Rio Grande while the case plays out. The 1,000-foot barrier was installed in July 2023 to deter migrants from illegally entering the country. The Biden administration sued the state and alleged the buoys violated environmental law by obstructing a navigable channel of commerce without federal approval. Texas countered that the buoys are located in water too shallow for consistent traffic, citing a 1975 military study. The state also argued that only permanent structures require federal approval and that the Rio Grande barrier is temporary.

Does this mean the lawsuit is over? The case will still move to a district court for arguments and an ultimate ruling. Tuesday’s decision only allows the barrier to stay during court proceedings. Texas may still have to remove the buoys if the district court sides with the Biden administration that the barrier violated federal law.

Dig deeper: Read Travis K. Kircher’s report on the other lawsuit between Texas and the United States over a state law letting state authorities enforce immigration policies.