Appeals court temporarily halts order for Texas buoy removal
- DOJ sued Texas to remove buoys; District judge ordered removal by Sept. 15
- Abbott appealed and a federal appeals court scheduled a hearing for Oct. 5
- The 1,000-foot-long buoy chain will temporarily remain in place until then
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(NewsNation) — The ongoing legal battle between Texas and the federal government continues, as a federal appeals court permits Texas’ border buoys in the Rio Grande River for three more weeks, temporarily overruling a district judge’s order to remove them by Sept. 15.
The U.S. Department of Justice sued Texas to remove the buoys along the U.S.-Mexico border, arguing the buoys violate the Rivers and Harbor Act, as they obstruct the “navigable capacity” of U.S. water.
Texas Gov. Greg Abbott initially ordered a 1,000-foot marine barrier in the Rio Grande near Eagle Pass to address what he calls an “invasion” at that part of the border.
“Let me be clear, we are fully authorized by the Constitution to do exactly what we are doing and that is to secure the border,” Abbott said.
Last week, Senior U.S. District Judge David Alan Ezra ruled against Texas, ordering buoy removal, writing, “Texas’s self-defense argument is unconvincing.”
He also highlighted Texas’ lack of approval from the U.S. Army Corps of Engineers for building in international waters.
Abbott immediately appealed, writing, “The buoys have nearly eliminated illegal crossings of people and drugs where they have been placed.”
He also requested a pause on the removal order.
The DOJ responded, stating, “A multi-day administrative stay threatens to delay Texas’s preparatory work — by, among other things, diminishing Texas’s incentive to coordinate with the Corps.”
Meanwhile, Abbott faces another lawsuit in state court, brought by local kayak tour guide Jesse Fuentes.
Fuentes alleges that the buoys have negatively impacted his business and the environment.
“They are destroying the system that helps the land from eroding they are creating obstacles in the middle of the river that is collecting dust and debris,” Fuentes said.
The court date for oral arguments is scheduled for Oct. 5 at the 5th U.S. Circuit Court of Appeals in New Orleans. Abbott remains committed to pursuing this case all the way to the Supreme Court, if necessary.