Texas Attorney General Ken Paxton has successfully obtained an en banc rehearing in the U.S. Court of Appeals for the Fifth Circuit regarding the Biden Administration's push to have Texas remove buoys placed in the Rio Grande at the Texas-Mexico border. The buoy system was implemented by Texas as a means to decrease the number of unvetted individuals attempting to enter the United States through an unsafe and illegal river crossing instead of using a designated port of entry.
In December 2023, a panel from the Fifth Circuit issued a divided ruling that upheld a district judge's directive, which required Texas to relocate the buoys to the Texas side of the riverbank. Attorney General Paxton promptly filed a petition to have the case reheard by the full court and to allow the buoys to remain in place while the petition was under consideration. With the Fifth Circuit now granting an en banc hearing, the order to relocate the buoys will remain on hold. The argument before the en banc Fifth Circuit is scheduled for May 2024.
Attorney General Paxton expressed his satisfaction with the decision, stating, "I am pleased that the Fifth Circuit has agreed to rehear this important case. The buoys play a crucial role in protecting our border and ensuring the safety of our citizens. We will continue to fight for the right to keep them in place."
The legal battle over the buoys has been ongoing, with the Biden Administration arguing that they impede the flow of water and cause environmental damage. However, Texas officials maintain that the buoys are necessary for the security and protection of the border. As Attorney General Paxton explained, "The buoys serve as a deterrent, preventing individuals from illegally crossing the border and putting themselves and others at risk. Removing them would only encourage more dangerous and unauthorized crossings."
The outcome of the en banc rehearing will have significant implications for border security and immigration policies. Texas remains steadfast in its commitment to defending the use of these buoys, emphasizing their role in addressing the ongoing border crisis. As the case progresses, all eyes will be on the Fifth Circuit as it deliberates on this crucial issue.
To access the full order, click here.