The Fifth Circuit court overturned the prior ruling that requires Texas to remove a floating barrier placed by the State in the Rio Grande to deter migrants. Texas, seeking a rehearing of the case by the full Fifth Circuit, submitted a petition on December 4, 2023.

The full court agreed to conduct an ‘en banc’ review, wherein all judges in the court agree to hear the matter. This decision comes after the 2-1 ruling on December 1, 2023, that found Texas is likely to face challenges regarding the barrier’s placement without required approval from the United States Army Corps of Engineers and Congress. This was deemed a violation of the Rivers and Harbors Appropriation Act of 1899 and as such, removal was required in that ruling.

Texas, in its request for a rehearing, specifically highlighted the dissenting opinion from U.S. Circuit Judge Don R. Willett in the initial review. Judge Willett stated that the majority’s finding that the barrier’s location is considered navigable is not proven. He argued that the 1975 research cited by Texas did not support that finding.

Contrary to Texas’s stance, the Biden administration urged the full court not to review the matter. The administration claims that Texas failed to provide concrete evidence of harm resulting from the previous ruling. This case adds to the series of challenges between Texas and the Biden administration, with a predominant focus on immigration.

The full court is scheduled to hear the case during the week of May 13, 2024, according to the case docket. we actively monitor ongoing news related to U.S. immigration and invite those with questions about immigration issues to reach out. Our team of experienced attorneys works directly with our clients every step of the way.