Future of Texas' migrant-blocking buoys may hinge on whether Rio Grande is ‘navigable'

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Future of Texas' migrant-blocking buoys may hinge on whether Rio Grande is ‘navigable'
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The future of a barrier of giant buoys that Texas Gov. Greg Abbot placed in the Rio Grande last year to deter migrant traffic may turn on whether a rocky,…

Judges with the 5th U.S. Circuit Court of Appeals heard arguments Wednesday but did not indicate when they would ruleThe future of a barrier of giant buoys that Texas Gov. Greg Abbot placed in the Rio Grande last year to deter migrant traffic may turn on whether a rocky, shallow stretch of the border river can be considered “navigable” and whether immigration sometimes constitutes a hostile invasion.

“Are you saying that federal law overcomes the constitutional right of the state?" Judge Edith Jones asked Justice Department attorney Michael Gray. She later added: “Under what circumstances can the United States thwart that attempt at self-defense?” The Biden administration has pointed to past ferry traffic in the area, the use of the area by vessels with the U.S. Coast Guard and the International Boundary and Water Commission, and the possibility of future projects to make the stretch better suited for commercial traffic.

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