The US Court docket of Appeals for the Fifth Circuit granted an en banc rehearing Wednesday to Texas within the state’s dispute with the federal authorities over a barrier meant to discourage migrants from crossing the Rio Grande, vacating the court docket’s previous judgment. Which means the complete court docket will hear the case as an alternative of a three-judge panel.
In June, Texas Governor Greg Abbott signed a sequence of border enforcement laws within the state, one in every of which licensed the development of floating limitations within the Rio Grande, aiming at deterring irregular border crossings from Mexico to the US. The state subsequently put in a 1,000-foot barrier within the river close to Eagle Go, Texas.
Whereas the barrier was within the strategy of being constructed, Lt. Chris Olivarez Texas Division of Public Security gave an interview on FoxNews, explaining the targets of making such a barrier:
[W]e proceed to search for methods and infrastructure to safe the border to stop individuals from crossings between the ports of entry, as a result of that’s nonetheless happening and the river could be very harmful. So now, having this marine barrier in place in the course of the river will deter illegal crossings, will stop drownings, and likewise will stop human smugglers from bringing individuals throughout the river into the nation illegally.
Following the set up of the barrier, the Biden Administration sued Texas, demanding that or not it’s taken down. The administration alleged that Texas violated 33 U.S.C. § 403 by placing up the barrier with out federal authorization and making a navigational obstruction within the waterway. Mexican Overseas Minister Alicia Barcena additionally spoke out towards the barrier, stating that it violated a 1944 Treaty between the US and Mexico regulating using shared waterways.
A district court docket ruled in favor of the Biden Administration in September and issued an injunction, requiring the state to take away the limitations. The Fifth Circuit affirmed this ruling upon enchantment in December. The court docket granted a rehearing following a request from Texas filed simply three days after the appeals court docket’s preliminary determination.
The case is scheduled to be heard en banc in Might 2024.
