Gov. Abbott must remove 'floating wall' from the Rio Grande, 5th Circuit rules

Gov. Greg Abbott’s floating border wall must be removed from the Rio Grande, the 5th Circuit Court of Appeals ruled on Friday.

Abbott ordered the deployment of the 1,000 foot floating barrier into the Rio Grande near Eagle Pass in July, claiming the state was being invaded by non-citizens trying to improperly enter Texas.

In a setback to the Republican governor, the conservative New-Orleans-based 5th Circuit Court of Appeals did not agree that migration was an "invasion."

In the 2-1 ruling, the court also agreed with the federal government’s argument that the buoys needed to come out of the international river because they block navigation and pose a threat to public safety.

"I applaud the Justice Department for today’s hard-fought victory in the conservative Fifth Circuit and look forward to seeing these death traps removed from the Rio Grande," said U.S. Rep. Joaquin Castro (D - San Antonio) on X, formerly known as Twitter.

The lower court injunction upheld Friday by the 5th Circuit gives Texas 10 days to remove the buoys while the court considers the Biden administration's lawsuit against the state of Texas over Abbott's Operation Lone Star border security program.

The controversial multi-billion dollar initiative has tested the limits of a state's ability to enforce immigration laws, using Texas Department of Public Safety and Texas National Guard troopers to arrest migrants on state trespassing charges.

Eagle Pass, a heavily crossed section of the Rio Grande, has become the epicenter of the Operation Lone Star — featuring the buoys and hundreds of miles of concertina wire along the river banks.

DPS has said it could take weeks and cost $300,000 to remove the concrete anchor blocks from the water holding the buoys in place.

Abbott's office did not respond to TPR's request for comment. He has previously promised to take the case to the U.S. Supreme Court.