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Biden demands Texas reopens it's border after the state reduced illegal border crossings by nearly 60%
The 18-inch deep river would only be federal jurisdiction if they could prove it's a commercial waterway, so Biden's lawyers argue that the rio grande is in fact a commercial waterway because they could "imagine a lot of border streams and creeks where you could have friends ferrying Girl Scout cookies in a small rowboat"
https://www.reuters.com/world/us/biden-administration-texas-duel-us-appeals-court-over-floating-migrant-barrier-2024-05-15/
Biden administration, Texas duel in US appeals court over floating migrant barrier
May 15 (Reuters) - The Biden administration on Wednesday urged a U.S. appeals court to rule that Texas cannot keep a 1,000-foot-long floating barrier in the Rio Grande, one in a series of measures taken by the Republican-led state to deter illegal border crossings.
The full New Orleans-based 5th U.S. Circuit Court of Appeals heard arguments for about an hour in an appeal by Texas of a judge's ruling that said the state needed the federal government's permission before installing the buoys last July.
The case is part of a larger battle between the administration of President Joe Biden, a Democrat, and Republican officials in Texas and other states who say the federal government has failed to address a recent increase in illegal border crossings from Mexico.
Wednesday's arguments focused on whether the area of the Rio Grande near Eagle Pass, Texas where the barrier was placed is under state or federal control. Under a U.S. environmental law called the Rivers and Harbors Act, the federal government would have the authority if the area were navigable for commercial purposes.
Lanora Pettit, a lawyer for Texas, said the U.S. border with Mexico, is as little as 18 inches deep in that area and there is no history of commercial use of the waterway.
"The Rio Grande is little more than a creek with an excellent publicist," Pettit said.
The 18-inch deep river would only be federal jurisdiction if they could prove it's a commercial waterway, so Biden's lawyers argue that the rio grande is in fact a commercial waterway because they could "imagine a lot of border streams and creeks where you could have friends ferrying Girl Scout cookies in a small rowboat"
https://www.reuters.com/world/us/biden-administration-texas-duel-us-appeals-court-over-floating-migrant-barrier-2024-05-15/
Biden administration, Texas duel in US appeals court over floating migrant barrier
May 15 (Reuters) - The Biden administration on Wednesday urged a U.S. appeals court to rule that Texas cannot keep a 1,000-foot-long floating barrier in the Rio Grande, one in a series of measures taken by the Republican-led state to deter illegal border crossings.
The full New Orleans-based 5th U.S. Circuit Court of Appeals heard arguments for about an hour in an appeal by Texas of a judge's ruling that said the state needed the federal government's permission before installing the buoys last July.
The case is part of a larger battle between the administration of President Joe Biden, a Democrat, and Republican officials in Texas and other states who say the federal government has failed to address a recent increase in illegal border crossings from Mexico.
Wednesday's arguments focused on whether the area of the Rio Grande near Eagle Pass, Texas where the barrier was placed is under state or federal control. Under a U.S. environmental law called the Rivers and Harbors Act, the federal government would have the authority if the area were navigable for commercial purposes.
Lanora Pettit, a lawyer for Texas, said the U.S. border with Mexico, is as little as 18 inches deep in that area and there is no history of commercial use of the waterway.
"The Rio Grande is little more than a creek with an excellent publicist," Pettit said.
