A federal appeals court said Tuesday that Texas does not have to remove its controversial migrant-blocking buoys from the Rio Grande for now.
Federal courts have repeatedly rejected states’ claims equating migration to an invasion of the sort referred to in the U.S. Constitution.gave Texas until Friday Sept. 15 to remove the barrierUnder Texas’s logic, he wrote in a 42-page ruling, a state could declare an invasion and wage war without any oversight, despite the fact the Constitution reserves matters of national security, warmaking and immigration policy to the federal government alone.
The buoys are 4-foot spheres bound together by heavy cable to create an unbroken barrier. Sharp-toothed disks are between each buoy and a submerged steel mesh blocks divers. Boats would have to go to the far end to get to the other side.markets it “the ideal countermeasure to human intrusion.” As the Austin judge concluded, the DOJ argued, “if a `1,000-foot-long barrier of four-foot-spherical buoys, fastened directly underneath with two feet of stainless steel mesh and tethered via chains to heavy concrete blocks placed systematically on the river bed’ is not a structure built in the river, then `it is hard to imagine what would be.’"The state also says the 1899 Rivers and Harbors Act, or RHA, only applies to navigable rivers.
There’s no dispute the Rio Grande near Eagle Pass – like most of the river inland from the Gulf of Mexico – is too shallow for commercial boat traffic.The district court sided with DOJ in rejecting Texas’s defense on those grounds.The lower court also pointed to the submerged concrete blocks that stabilize the buoys as exactly the sort of danger to vessels that federal law prohibits.
“The barrier is designed to obstruct cross-river navigation… but Texas’s only argument is that its barrier avoids obstructing navigation `up and down the river’ because it lies parallel to the current,” the Justice Department told the appeals court. “Texas never explains why the orientation of the obstruction is relevant under the RHA.”. Todd became Washington Bureau Chief in 2009 and has covered East Texas, Dallas City Hall and politics since joining The News in 1989.
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