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Rio Grande Buoy Trial Postponed Until November

The buoys have become political symbols in the border security dispute between Abbott and Biden.

Published August 5, 2024 at 12:45pm by John C. Moritz


The trial over Texas's controversial buoy barrier in the Rio Grande has been postponed until at least November, as a legal battle with the US government rages on. The federal government argues that the buoys, ordered by Texas Gov. Greg Abbott, violate the Rivers and Harbors Act, interfering with the river's navigability.

"It is the Court’s understanding that there may be some dispute between the parties as to the effect of that ruling, which the Court hopes to address" - Senior U.S. District Judge David Allan Ezra

The trial, due to start Tuesday, has been delayed as both sides consider the impact of a recent appeals court ruling. The 5th U.S. Circuit Court of Appeals ruled Texas could keep the buoys, but the decision was not unanimous, with some judges offering differing opinions.

Texas argues the shallowness of the river near Eagle Pass means it's not a trade route and so doesn't fall under the Act. The buoys are part of Abbott's $11 billion Operation Lone Star, his harsh criticism of the Biden administration's border security, and a deterrent to illegal immigration from Mexico.

With the case now set for a status conference, Texas is also appealing for a jury trial, previously rejected by Judge Ezra. The trial will decide the fate of the buoys, a symbol of the heated debate over immigration in the 2024 election cycle, and Abbott's charge to make it a touchstone issue.

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