In a notable legal skirmish pertaining to border control tactics, Texas Attorney General Ken Paxton has claimed a victory in the ongoing battle over the Rio Grande buoy barrier. The U.S. Court of Appeals for the Fifth Circuit has ruled in favor of the State of Texas, allowing the buoy system, initially set up to deter immigrants from crossing the river unlawfully, to remain in place. This decision overturns an earlier injunction that had mandated the removal of the buoys, a directive stemming from a lawsuit initiated by the Biden Administration.

The contention around the buoy began in 2023 when the Texas state government, grappling with what it deemed as unprecedented levels of unlawful crossings, installed a series of buoys in the Rio Grande. The federal government quickly responded with a lawsuit seeking their removal. According to an announcement by the attorney general's office, the Fifth Circuit's recent en banc decision found that the federal district court "abused its discretion" and misapplied the law when it ordered state to dismantle the buoy barrier.

Paxton expressed his approval of the court's decision, stating, "The 5th Circuit Court of Appeals has ruled in Texas's favor, finding that the federal district court abused its discretion when it ordered Texas to remove the buoys floating in the Rio Grande that prevent aliens from attempting a dangerous river crossing to enter America illegally," as cited by the Texas Attorney General's office. He added, "The buoys can remain in the river. I will continue to defend Texas's right to protect its border from illegal immigration."