Texas Attorney General Ken Paxton secured a significant victory at the U.S. Court of Appeals for the Fifth Circuit, which vacated an injunction that had ordered Texas to remove buoys placed in the Rio Grande to prevent unlawful entry into the United States.
In 2023, Texas deployed the buoys to address historic levels of illegal and dangerous river crossings. The Biden Administration subsequently sued, demanding Texas remove the buoys and reopen the border. A federal district court granted a preliminary injunction favoring the Biden Administration, ordering the removal of the buoys. A Fifth Circuit panel initially upheld this order with a split decision. However, in January 2024, Attorney General Paxton secured an en banc rehearing before the Fifth Circuit.
The full court has now ruled that the district court’s preliminary injunction misapplied the law and was an abuse of authority. Consequently, the buoy barrier can remain in place while proceedings continue at the district court level.
“The 5th Circuit Court of Appeals has ruled in Texas's favor, finding that the federal district court abused its discretion when it ordered Texas to remove the buoys floating in the Rio Grande that prevent aliens from attempting a dangerous river crossing to enter America illegally,” said Attorney General Paxton. “The buoys can remain in the river. I will continue to defend Texas's right to protect its border from illegal immigration.”
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