Texas ordered to remove the Rio Grande water barrier

Austin - In a case that has garnered national attention, U.S. District Judge David Ezra ordered the immediate removal of navigational buoys from the Rio Grande River in a lawsuit involving the Department of Justice and the State of Texas, Dallas Metro News reported.

The judge also prohibited the installation of any additional buoys, rejecting Texas' argument that the barriers were necessary for immigration control.

Judge Ezra dismissed Texas Governor Greg Abbott's claim that the buoys were essential to prevent what he described as an "invasion" of migrants. The judge made it clear that the court shouldn't be involved in overtly political issues.

The lawsuit originated on July 24, when the Justice Department began legal action against the State of Texas and Governor Abbott. The case argues that Texas did not have the proper authorization from the U.S. Army Corps of Engineers to install the buoys in the Rio Grande, a key crossing point for migrants from Mexico.

The suit also claims that Texas violated federal law, specifically the Rivers and Harbors Act of 1899, which regulates obstructions in navigable waters. While Texas defended its actions as a constitutional right to protect its territory, Judge Ezra was not convinced. He emphasized that the primary issue was whether the buoys interfered with navigation in a federally controlled waterway, sidestepping the politically sensitive topic of state involvement in federal immigration laws.

Adding another layer to the complex legal situation, a senior U.S. State Department official testified that the buoys could negatively impact U.S.-Mexico relations.

Two weeks ago, Alicia Bárcena, Mexico's Foreign Affairs Secretary, criticized Texas for placing anti-migrant buoys in the Rio Grande, locally known as the Rio Bravo. The issue has repeatedly been discussed in daily press briefings by Mexican President Andrés Manuel López Obrador since late June.

“What we’re talking about is a very delicate situation on the border, at the Rio Grande — Rio Bravo as we call it,” Foreign Minister Alicia Bárcena told reporters at the State Department at a joint news conference with Secretary of State Antony Blinken.

After a comprehensive review by the binational authority responsible for the river, it was revealed that about 80% of the buoys Texas deployed were actually on the Mexican side of the border. Texas subsequently moved the buoys, albeit quietly.

Governor Abbott attempted to downplay the issue by saying the buoys had merely "drifted," even though the review clearly showed that a significant number of the anchors were in Mexican territory.

Judge David Ezra has not yet issued a ruling on the Justice Department's request for a preliminary injunction to remove roughly 1,000 feet of the disputed buoys. A final decision is expected sometime next week at the earliest. Both parties have until Friday afternoon to submit their closing written arguments.

During the court proceedings, Loren Flossman, an associate of buoy supplier Cochrane USA, questioned the accuracy of the binational review. Flossman stated that Cochrane had carefully mapped the river before installing the buoys to ensure they were only on the U.S. side. He also noted that removing the buoys would take approximately three weeks, contrasting with the Justice Department's call for a 10-day removal period.

Texas Gov. Greg Abbott refuses to remove the anti-migrant floating buoys

The Justice Department has called on Texas to promptly dislodge the buoys anchored by concrete blocks. Just last month, the DOJ directed Governor Greg Abbott to take this action.

However, Abbott has declined to comply, asserting that the obstacle serves a crucial role in Operation Lone Star, particularly since he believes the federal government is failing to meet its responsibilities.

Abbott cites not just the persistent attempts by immigrants to cross into the U.S. illegally via Texas, but also the continued efforts to smuggle fentanyl into the nation through the state.

Credit: Dallas Metro News, Dallas Morning News, KIII