Appeals Court Temporarily Pauses Lower Court Ruling Requiring Removal of Texas’ Controversial Floating River Barriers from Rio Grande

A federal appeals court has temporarily paused a lower court’s ruling that would have required Texas to remove its controversial floating river barriers from the Rio Grande. The barriers, which are intended to deter migrants from crossing the U.S.-Mexico border, were installed by the state of Texas and will remain in place for the time being.

On Wednesday, U.S. District Judge David Ezra had ordered that the barrier moved out of the main waterway to the bank of the Rio Grande on the Texas side by Sept. 15, granting the Justice Department’s request for a preliminary injunction while the case is litigated. However, on Thursday, the 5th Circuit U.S. Court of Appeals issued an administrative stay of Wednesday’s ruling, allowing Texas Gov. Greg Abbott to leave the 1,000-foot barrier in place for now.

The Justice Department had argued that the barrier was a violation of the U.S. Constitution and the International Boundary and Water Commission Treaty of 1970, which requires the U.S. and Mexico to share the Rio Grande. Texas, however, argued that the barrier was necessary to protect the state from illegal immigration.

The appeals court’s decision to pause the lower court’s ruling is only temporary, and the case will continue to be litigated in the courts. It is unclear at this time when a final ruling will be made. In the meantime, the floating river barriers will remain in place in the Rio Grande.