The removal order was issued by US District Judge David Ezra, who expressed confidence that the Justice Department would succeed in its civil suit against Governor Abbott.
Governor Abbott, undeterred by the ruling, declared that it would be overturned on appeal.
And Texas promptly appealed the decision to the Fifth US Circuit Court of Appeals, in New Orleans known for its conservative stance. Governor Abbott, undeterred by the ruling, declared that it would be overturned on appeal.
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The crux of the legal dispute revolves around whether the border buoys impede navigation on the Rio Grande, which forms the international border between the US and Mexico within Texas.
The Biden administration claims that Texas violated federal law by constructing unauthorized barriers in navigable waterways.
Texas contends that the buoys are essential for its right to self-defense against what it perceives as a migrant “invasion.” They also argue the rules didn’t apply because the barrier is in a part of the river too shallow to be navigable.
