Texas appeals federal judge's ruling to remove controversial border buoys from Rio Grande

EAGLE PASS, TEXAS (KABB / WOAI) — A federal judge ruled Wednesday that the controversial floating barrier installed in the Rio Grande must be removed by September 15.

Judge David Ezra, in the United States District Court for the Western District of Texas, granted the temporary injunction filed by the Department of Justice.

The Justice Department sued Texas over the floating barrier, which was installed last month, saying that Texas should have gotten permits and permission from the federal government before it was installed.

Texas officials say the buoys were installed to deter migrants from crossing into America through deep water, instead steering them toward legal ports of entry.

Governor Abbott announced that he was not 'asking for permission' for Operation Lone Star, the anti-immigration program under which Texas constructed the floating barrier," the decision reads in part. "Unfortunately for Texas, permission is exactly what federal law requires before installing obstructions in the nation’s navigable waters.

Court documents also bring up the chance of a wet winter in the Rio Grande Valley, which could dislodge the buoys.

"Less than six weeks’ experience with the floating barrier demonstrates its potential for drifting out of position or catching substantial debris, and thus bears out concerns that the structure 'meets engineering standards to withstand predicted high flows' or other changes in conditions," court documents say.

Gov. Abbott responded to the ruling with a statement declaring that the state would appeal while insisting Texas would do everything it can to fight for its "sovereign authority."

"Today’s court decision merely prolongs President Biden’s willful refusal to acknowledge that Texas is rightfully stepping up to do the job that he should have been doing all along," Abbott's statement reads in part. "We will continue to utilize every strategy to secure the border, including deploying Texas National Guard soldiers and Department of Public Safety troopers and installing strategic barriers."

The governor added he believes the ruling is incorrect and is confident it will be overturned on appeal, although he also promised that the Lone Star State is "prepared to take this fight all the way to the U.S. Supreme Court."

On the other side of the aisle, state Sen. Roland Gutierrez, D-District 19, who represents part of San Antonio and is running to face off against Sen. Ted Cruz for his seat in the U.S. Senate in 2024, commended the judge's ruling.

The federal judge’s ruling against Operation Lone Star is a necessary step towards justice, shedding light on inhumane and cruel practices that have no place in our society," he declared.

"The work is far from over. Cruz and other politicians, whose only goal seems to be wasting billions of taxpayer dollars on hurting people they don't like, will try to keep these buoys up as long as they can.

This court case will continue as the DOJ fights for permanent removal of the buoys, not just temporary.

According to documents from the State of Texas, the decision has already been appealed