The full Fifth Circuit court abandoned the previous decision that required Texas to remove a floating barrier placed by the State in the Rio Grande to deter migrants. Texas requested a rehearing of the case by the full Fifth Circuit. When all judges in a court agree to hear a matter, it is referred to as ‘en banc’. Texas requested the en banc review of the Texas barrier removal in a December 4, 2023, petition.

The full court agreed to review the 2-1 decision, originally issued on December 1, 2023. That finding stated that the government is likely to see their claim that the barrier was placed without required approval from the United States Army Corps of Engineers and Congress. As such, the action is in violation of the Rivers and Harbors Appropriation Act of 1899.

In their request to rehear the matter, Texas specifically called out the one dissenting opinion from the previous review. That opinion, from U.S. Circuit Judge Don R. Willett, challenged the majority finding that the location of the barrier is considered navigable. The 1975 researched sited to prove the area is navigable, per Texas, did not support that finding.

The Biden administration requested that the full court not review the matter. They stated that Texas failed to provide any evidence of concrete harm from the previous finding. This is one of many challenges between the state of Texas and the Biden administration, predominantly focused on immigration.

The full court will hear the matter the week of May 13, 2024, per the docket of the case.

ILBSG actively monitors ongoing news about U.S. immigration. If you have questions about any immigration-related issue, contact us. Our team of experienced attorneys work directly with clients to ensure they get the right advice for their specific situations.

Texas Barrier