Texas State Governor Greg Abbott recently won his legal battle against the federal government. A district court dismissed the Biden administration’s complaints as requested by the Texas governor.
As the United States grapples with a migrant crisis, the number of migrants crossing the border has increased in recent months. Consequently, conservatives like Abbott pressured the President and his administration to do more to increase border security. They also requested that Biden put a stop to people coming into the country illegally.
However, Abbott took matters into his own hands. He installed a 1,000-foot barrier in the Rio Grande to stop migrants from crossing the border illegally. Consequently, the Texas governor sparked outrage and widespread criticism from Texas Democrats and human rights groups.
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Also, Mexican authorities contended the barriers comprised of a line of wrecking ball-size buoys with serrated discs. In August 2023, Mexican authorities reportedly recovered two bodies from the Rio Grande.
They reportedly found one of the bodies floating in the barrier. In addition, the Houston Chronicle reported that hundreds of migrants have treated injuries from the razor wire. Consequently, the Department of Justice sued Texas State and Abbot over the barriers.
The department claimed that the states installed the barriers without the necessary permission from the U.S. Army Corps of Engineers. In addition, the DOJ warned that the obstacles raise humanitarian concerns for migrants from Mexico crossing into the country.
They added that Abbott’s floating barriers threaten the environment and illegally disrupt navigation. Consequently, they cited the Rivers and Harbors Act, which protects navigable waters, and asked the Governor to remove them. However, Abbott refused, saying he was ready to take the issue to the Supreme Court if needed.
Afterward, Abbott filed a motion at the United States District Court of the Western District of Texas, Austin Division, to dismiss the DOJ’s complaints. Fortunately, the district court considered Abbott’s motion and sided with the Governor.
POLL — Should the U.S. Government Create a Path to Citizenship for Undocumented Immigrants?
Judge David Alan Ezra granted Abbott’s motion that the Rivers and Harbors Act authorizes actions only against persons and corporations. However, it is “not against sovereign States like the Defendant State of Texas and its officials.”
In addition, Abbott’s motion stated that the section of the Rio Grande where he placed the buoys was not navigable. Hence, it does not represent an obstruction. The district court’s decision is the first good news for Abbott after a federal appeals court ruled against him.
Before the district court’s ruling, the federal appeals court ordered the Governor to move the barrier to the riverbank. The 5th Circuit Court of Appeals, a conservative court, agreed with the Biden administration that the barrier is dangerous.
“It considered the threat to navigation and federal government operations on the Rio Grande, as well as the potential threat to human life the floating barrier created,” Judge Dana Douglas wrote in her ruling.
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However, Abbott took to X, writing that the court’s decision was wrong. He said the court’s “denial of Texas’ sovereign authority to secure the border with floating marine barriers is wrong.”
Furthermore, Abbott vowed to seek a rehearing and go to the Supreme Court “to protect Texas from Biden’s open borders.”
Hence, the district court’s decision boosts Abbott’s fight against illegal migrants in Texas. However, public sentiments vary on the issue. While some cheer Abbott on, others think the Governor’s immigrant policies are too strict. What’s your take?
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