A Texas district court has turned down Governor Greg Abbott’s request to stop a lawsuit about Texas’ river buoys along the Mexico border.
River Barrier Dispute Escalates
With immigration and border security tensions on the rise, Texas set up a 1,000-foot barrier in the Rio Grande last July to keep migrants at bay. In December 2023, the United States District Court for the Western District of Texas, Austin Division, didn’t go for Abbott’s bid to dismiss the July complaints.
Fight Over U.S. Waterways
This all started when the Department of Justice (DoJ) filed a lawsuit, claiming that putting up barriers in U.S. waters needs a green light from the U.S. Army Corps of Engineers, which Abbott didn’t get before the buoys hit the water.
Abbott also argued that the Rio Grande segment where the buoys are doesn’t count as navigable and doesn’t get in the way.
Rio Grande Tensions Rise
On December 1, the 5th Circuit Court of Appeals backed the Biden administration, labeling the Rio Grande barrier as hazardous. Governor Abbott immediately called for an en banc hearing, where all judges would review the case again.
Pointless Efforts?
Abbott is now arguing that going to trial in the United States District Court for the Western District of Texas would be pointless, as a 5th Circuit Judge might side with Judge Don Willett’s dissent in the initial ruling, which stated the river isn’t used for commerce.
No Extra Time for Texas
Despite this, Judge Ezra insisted in a filing that there’s no need to wait for an appeal and that Texas doesn’t need extra discovery time. He also emphasized the importance of a trial to sift through the facts and merits.
Time Deemed Sufficient
Ezra pointed out that Texas should meet the same deadlines as the DoJ, remarking, “Texas need only defend itself against the experts and evidence the United States is able to prepare in the given time.”
March Trial Date Set
“The Court finds that Texas does have sufficient time to prepare its defenses and experts for the March trial date,” Ezra continued. “The Court also finds that there is no reason to stay a trial on the merits pending appeal of a preliminary injunction that could not affect the key factual issues to be addressed at trial.”
What Americans Expect?
Recently, Texas Governor Greg Abbott firmly stood up for his state in the ongoing border tension with the federal government. e stressed on Fox News’ America’s Newsroom that safeguarding the U.S.-Mexico border is exactly “what Americans expect.”
‘Texas is stepping up’
“The truth of the matter is, what Texas is doing, is what Americans expect to be done. Americans expect the border to be secured,” Abbott stated. He pointed out that Texas had to take action because “Joe Biden has abandoned that responsibility,” therefore, “Texas is stepping up.”
Supreme Court Sides with Biden
Amidst a fierce battle between Texas and President Joe Biden’s administration over border security, the U.S. Supreme Court recently backed Biden, instructing Texas to remove the razor wire and other barriers along the border that were intended to curb immigration.
Abbott’s Vow to Fight
Defying this decision, Abbott has vowed to continue the fight, stating on X, previously known as Twitter, “This is not over.”
“Texas’ razor wire is an effective deterrent to the illegal crossings Biden encourages. I will continue to defend Texas’ constitutional authority to secure the border and prevent the Biden Admin from destroying our property.”
Invoking Article IV
Governor Greg Abbott of Texas released a statement criticizing the Biden Administration for not fulfilling its constitutional duties as outlined in Article IV, Section 4.
“The failure of the Biden Administration to fulfill the duties imposed by Article IV, § 4 has triggered Article I, § 10, Clause 3, which reserves to this State the right of self-defense,” he claimed.
Record-breaking Migrant Encounters
This comes as migrant encounters hit a record high last month with 302,000 incidents, as reported by ABC News. Earlier in the month, Texas officials took over a public park by the Rio Grande in Eagle Pass, denying Border Patrol agents access to about 2.3 miles of the southern border.
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