Texas will be allowed to keep floating barrier across Rio Grande designed to slow immigrant crossings

The state of Texas will be allowed to keep its floating barrier in the Rio Grande, despite objections from the federal government that the barrier threatens the environment, US foreign relations, and human life.

The 5th US Circuit Court of Appeals overturned a previous decision by a court panel ordering the barrier removed.

The ruling is the latest bullet point in the ongoing standoff between Joe Biden's administration and Texas Governor Greg Abbott, who has taken the policing of his state's borders into his own hands despite it being the purview of the federal government.

The previous ruling by a panel of the 5th Circuit Court of Appeals in December ordered the barrier moved, but the latest one deemed that decision as an abuse of the court's discretion.

The US government has accused Texas of violating the federal Rivers and Harbor Act, claiming that it «flouted federal law» and risked damaging the US's relations with Mexico by installing the barrier in the river, Politico reports.

“This floating barrier poses threats to navigation and public safety and presents humanitarian concerns. Additionally, the presence of the floating barrier has prompted diplomatic protests by Mexico and risks damaging U.S. foreign policy,” Associate Attorney General Vanita Gupta said in 2023.

Abbott responded to the request to remove the barrier in a letter to the Biden administration last year.

“Texas will fully utilize its constitutional authority to deal with the crisis you have caused,” Abbott wrote. “Texas will see you in court, Mr President.”

Texas installed the river barrier in the Rio Grande near the city of Eagle Pass, which borders Piedras Negras, Mexico, but the barrier hasdone little to slow the flow of migrants into the US.