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 September 7, 2023

Federal judge orders the removal of Rio Grande buoys put in place by Texas to stop illegal immigrants

A federal judge has ordered Texas to remove buoys in the river meant to deter illegal immigration, Breitbart reported. These floating marine barriers were placed in the Rio Grande in July amid record levels of illegal immigration.

Texas Gov. Greg Abbott has been fighting the battle at the border as the federal government does nothing to stop it. Under Operation Lone Star, the Republican governor placed the buoys in the river near Eagle Pass, Texas, to stop illegal immigration at one of the state's hot spots.

It was meant as a way to funnel border crossers into other areas where authorities could better handle it. The move was attacked almost immediately by everyone from the president of Mexico to open borders advocates.

However, President Joe Biden's Department of Justice took legal action, suing on the grounds Abbott failed to ask for federal permission. U.S. District Court Judge David Ezra agreed with that assertion as he handed down the decision Wednesday in Austin, Texas.

The judge ordered the barriers to be removed by Sept. 15. Abbott has promised to appeal the ruling he believes is essential to protecting his state.

"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," Abbott wrote in a statement. "This ruling is incorrect and will be overturned on appeal," the governor added.

Ezra, who was appointed by President Ronald Reagan and moved from Hawaii to the Western District of Texas by Supreme Court Chief Justice John Roberts, said Abbott balked at "asking for permission" to install the barriers. "Unfortunately for Texas, permission is exactly what federal law requires before installing obstructions in the nation’s navigable waters," Ezra wrote in his opinion.

The judge also claimed that Abbott's use of the word "invasion" was problematic. "And all Texas’s new argument does is ask the Court to take the additional step — beyond the nonjusticiable question of whether the federal government has failed to protect Texas from invasion — of sanctioning Texas’s assertion of plenary power to declare and respond to ‘all types of invasions, including invasions from non-state or quasistate actors," Ezra wrote.

"Under this logic, once Texas decides, in its sole discretion, that it has been invaded, it is subject to no oversight of its ‘chosen means of waging war.’ Such a claim is breathtaking," the judge continued.

Abbott's response was to pledge to keep up the good fight that the Biden administration refuses to engage in at the border. "We will continue to utilize every strategy to secure the border, including deploying Texas National Guard soldiers and Department of Public Safety troopers and installing strategic barriers," the Texas Republican 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. Texas is prepared to take this fight all the way to the U.S. Supreme Court," Abbott added.

This decision strips Texas of another tool against the influx of illegal immigrants even as Border Patrol continues to break its own records for encounters. As of May, the agency was apprehending as many as 10,000 illegal immigrants a day, Fox News reported.

This is part of a continuing trend that has even the bluest cities waving the white flag of surrender. New York City Mayor Eric Adams said illegal immigration would "destroy" the city and blamed Biden for the ongoing problem, the New York Post reported.

There's no doubt this problem has raged out of control under Biden. Rather than rein illegal immigration, the administration and now even the courts are doubling down on policies that encourage it.

Written By:
Christine Favocci

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