US court of appeals grants emergency stay that would keep Texas' buoy barrier in place, for now

KTRK logo
Friday, September 8, 2023
Appeals court allows Texas to keep floating barrier in place, for now
After a judge ruled Texas must move the floating barrier at the Rio Grande, an appeals court ruled the buoys can stay in place for now.

As the back-and-forth battle on the floating barrier at the border continues, an appeals court has ruled that the state of Texas can keep the bright orange buoys on the Rio Grande in place for the time being.

The video above is from a previous report.

This comes a day after a federal judge ruled the state had to remove the barriers to the Texas side of the river by Sept. 15.

On Thursday, the state filed an emergency stay with the U.S. Fifth Circuit Court of Appeals as part of its appeal to Wednesday's ruling.

Texas installed the buoy barrier, which was deployed in July, near the border town of Eagle Pass, with anchors in the riverbed. This prompted the lawsuit brought by the Justice Department in a rare instance of President Joe Biden's administration going to court to challenge Texas' border policies.

In challenging Texas' use of the buoys, the U.S. Justice Department accused the state of putting a barrier on the international boundary without permission. The Biden administration also said the water barrier raised humanitarian and environmental concerns.

The Associated Press contributed to this report.