Texas Attorney General Ken Paxton has obtained an en banc rehearing from the U.S. Court of Appeals for the Fifth Circuit regarding the dispute over a series of buoys placed in the Rio Grande by Texas. These buoys, part of Texas' efforts to stem unauthorized crossings at the Mexico border, have sparked a legal brawl against the Biden Administration's insistence that they be removed.
Originally, a Fifth Circuit panel was split in its decision, aligning with a district judge's previously issued order to have Texas relocate the buoys to the state's side of the riverbank. However, Paxton swiftly challenged this ruling, seeking further judgment from the full court and demanding the buoys stay in place until the court completed its review, according to a statement obtained by the Texas Attorney General's Office. With the success in procuring an en banc rehearing, the directive to move the buoys hit pause, continuing to be on hold.
The en banc hearing, now set for May 2024, garners heightened attention as it will see the full appeals court convene to re-evaluate the ongoing tension between state and federal jurisdiction in matters of immigration and border security. This legal pivot underscores Paxton's aggressive pursuit of state-led initiatives to control unauthorized entry points instead of traditional border protocols.
As migration pressures persist along the U.S.-Mexico border, Texas stands firm in deploying its buoy barrier system, aiming to funnel crossings through standard checkpoints, despite the federal government arguing the action oversteps state authority. The upcoming hearing before the en banc Fifth Circuit will weigh heavily on border policy, as both sides await a resolution that maintains Texas is determined to keep its waterborne impediments until deemed otherwise by the court's final judgment.
