Staff Reports
A trial that could determine if Texas can maintain its floating barriers in the Rio Grande, designed to deter illegal border crossings, is now likely postponed until fall, thanks to the Biden administration’s unchallenged motion. It’s hard to think of anything more Texas than a floating wall, yet here we are, stuck in legal limbo.
The Justice Department has decided to grace the U.S. District Court for the Western District of Texas, overseen by Judge David Ezra, with a request for a 60-day delay—no surprise there. This delay comes right after an appeals court ruled that the Lone Star State’s buoy barriers can remain in place while the legal battle continues. Apparently, the feds need more time to shuffle paperwork and come up with a plan instead of taking direct action to address the border crisis they’ve largely ignored.
Texas has been giving the Biden administration quite the headache by actively taking measures into its own hands, like floating thousands of buoys along the border. These “marine barriers” have sparked a legal showdown that makes one wonder if the federal government has anything better to do than hassle Governor Greg Abbott. After all the chaos surrounding illegal immigration, one might think focus on security would be a priority for the administration—not so much.
The federal government’s legal arguments revolve around claims that Texas has overstepped its bounds, violating environmental laws by inadvertently causing a Texas-sized ruckus on the Rio Grande. Yet, this is the same administration that has allowed millions to surge across the border unchecked, so perhaps they should focus more on enforcement and less on paperwork. House Republicans have rallied behind Abbott, launching a full-frontal attack on the Biden border strategy, which has led to an alarming 9 million encounters with illegal immigrants on their watch.
Now the ball is in the court of Judge Ezra, who must navigate this tricky legal situation. The federal government has asked for a new trial date by October 7, or as soon as the next judicial slot opens up. This feels a lot like a game of legal keep-away, with Texas holding firm on its barrier, while Team Biden prays for just enough time to right the ship—or at least convince everyone they are trying. If this charade continues, the only thing certain is that the Rio Grande may get more political flotsam than ever before.
