Governor Greg Abbott wins legal battle on Texas' floating buoy barrier in border with Mexico

Texas Gov. Greg Abbott won a legal victory in his battle with Biden administration over the handling of unlawful immigration across the Texas-Mexico border, as a judge sided with his motion to exclude testimony that would jeopardize the floating buoys in the Rio Grande, part of the state's Operation Lone Star policy to deter the influx of migrants.

As part of the plan, launched in March 2021, Abbot has also deployed thousands of Texas National Guard soldiers and placed razor wire along the border. He simultaneously promoted the SB4 Bill, a controversial law allowing state authorities to arrest and deport migrants who cross unlawfully into its territory, which is currently halted as the US Fifth Circuit Court of Appeals debates on its merits.

The buoys are a salient part of the policy. Separated by circular saw-like sheets of metal over the Rio Grande to discourage migrant crossings, they illustrate the state's willingan article by Newsweek reports.

The Justice Department requested the removal of the buoys in Texas, citing humanitarian and environmental concerns at the international boundary. However, Abbott chose to ignore the request.

In July 2023, president Biden's legal team filed a lawsuit to force Texas officials to remove the buoys, claiming they were obstructing a navigable waterway in violation of the Rivers and Harbors Act of 1899.

Abbot's administration, however, contested the lawsuit, arguing that the Rio Grande is not navigable at the point where the buoys have been installed.

To support its case, the federal government requested testimony from dozens of experts including Adrian Cortez, who works for the International Boundary and Water Commission (IBWC).

The expert presented his testimony in favor of the Biden administration's position, which Abbott's team sought to dismiss, insisting the federal government "cannot meet its burden of showing by a preponderance of the evidence that Mr. Cortez has relevant and reliable opinions regarding the decision factors and procedures for water releases from Amistad Dam."

"Mr. Cortez is a fact witness and has admitted that he has no expert opinions in this case regarding the decision factors for water releases from Amistad Dam," they added.

"Plaintiff cannot meet its burden of showing by a preponderance of the evidence that Mr. Cortez has relevant and reliable opinions because, by Mr. Cortez's own admission, he is either not an expert or has no expert opinions on the topics for which he was identified as an expert witness."

On Tuesday, Magistrate Judge Dustin Howell granted the State of Texas' motion and excluded Cortez "from offering expert testimony in this matter," giving Abbott a win in what has become a lengthy battle over immigration enforcement at the southern border.