The temporary stay will remain in place until the Fifth Circuit can hear Texas’ appeal of Wednesday’s district court order.
“If Texas must move the buoys from their current location, its appellate rights are effectively lost because the harm is already done to Texas’s sovereign self-defense and public-safety interests,” lawyers for Abbott and the Lone Star State“The buoys were deployed under the Governor’s constitutional authority to defend Texas from transnational-criminal-cartel invasion,” Texas’ court filing in the fifth circuit continued.
“Moving the buoys exacerbates dangers to migrants enticed to cross the border unlawfully, and to Texans harmed by human trafficking, drug smuggling, and unchecked cartel violence.”A district judge ruled on Wednesday that the Lone Star State must remove the 1,000-foot-long barrier.Ezra’s removal order was part of a preliminary injunction and not a final ruling in the federal lawsuit.in July, arguing he did not have the authority to order the placement of the marine barrier.
Federal prosecutors also asserted that the spinning, 4-foot-wide orange buoys erected in the Rio Grande near Eagle Pass, Texas, are a “threat to human life.”Mexico has demanded that the buoys be removed from the Rio Grande as well.Abbott vowed Wednesday to take the case up to the Supreme Court if necessary.
“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,” the three-term governor said. “Our battle to defend Texas’ sovereign authority to protect lives from the chaos caused by President Biden’s open border policies has only begun.”
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