Texas plans appeal as federal judge orders floating barrier moved in Rio Grande

Sept. 7 (UPI) -- Texas is planning to fight "all the way to the U.S. Supreme Court," after a federal judge ordered the state Wednesday to move its orange floating border barrier to the riverbank of the Rio Grande.

In the ruling, U.S. District Judge David Ezra ordered the buoys to be moved by Sept. 15, as he blasted Texas Gov. Greg Abbott for ignoring federal laws.

"The court finds that Texas' conduct irreparably harms the public safety, navigation and the operations of federal agency officials in and around the Rio Grande," Ezra wrote.

"The court has found that the United States is likely to succeed on the merits of its claim that defendants have violated" the Rivers and Harbors Act of 1899, the judge added.

Shortly after Wednesday's ruling was released, Abbott vowed Texas will appeal what he called an "incorrect" decision.

"Today's court decision merely prolongs President [Joe] 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, a Republican, wrote in a statement Wednesday.

"This ruling is incorrect and will be overturned on appeal," Abbott added. "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."

In July, the Justice Department asked the judge to intervene after suing the state over the barrier. Texas state officials say the barrier was installed to deter migrants at "the center of gravity for smuggling."

In a 21-page preliminary injunction, the federal government argued that the barrier was unauthorized and was causing international concern.

Last month, Texas Department of Public Safety reported a body was found entangled in the floating barrier. Mexico's Foreign Relations Department later reported a second body located three miles upriver away from the buoys.

"We express our concern about the impact on the human rights and personal safety of migrants of these state policies, which run counter to the close collaboration between our country and the United States," the government of Mexico said in a statement last month.

Wednesday's ruling detailed how Texas is to move the barrier to the riverbank next week in order to avoid impeding navigation on the river.

"The evidence has established that this can be done in a rather expeditious manner, as the Governor himself ordered movement of the buoy barrier, which the federal government maintained was in part of Mexican waters to a position closer to the United States' side of the river," Ezra wrote.

Abbott's response was to carry on the fight.

"Our battle to defend Texas' sovereign authority to protect lives from the chaos caused by President Biden's open border policies has only begun," Abbott warned.

"Texas is prepared to take this fight all the way to the U.S. Supreme Court."