The recent suspension of a court order related to the floating barrier in the Rio Grande, Texas, by the U.S. Court of Appeals for the 5th Circuit adds another chapter to an ongoing feud between Texas Gov. Greg Abbott and the Biden administration. The court's decision allowed Abbott to keep the 300-meter barrier in place, at least temporarily, in an attempt to curb the illegal crossing of migrants. The initial order to move the barrier from the main waterway to the bank of the Rio Grande, issued by U.S. District Judge David Ezra, had been granted by the Justice Department, which was seeking an injunction while the case was in litigation, according to the NBC News story.

This dispute raises complex questions surrounding the Texas governor's authority to take action aimed at curbing illegal crossing at the southern border, as well as legal issues related to the Appropriation of Rivers and Ports Act of 1899. Texas lawyers argue that the buoys were deployed under the governor's constitutional authority as a legitimate measure to protect the state from encroachment by transnational criminal cartels. They claim that moving the buoys would increase the dangers for migrants and Texas residents exposed to human trafficking, drug smuggling and cartel violence.

On the other hand, the Justice Department contends that temporarily blocking the lower court's decision would impair Texas’ ability to meet the deadline set by the district court. The dispute raises the question of jurisdiction over the stretch of non-navigable river where the barrier is located, with Texas arguing that the Army Corps of Engineers has no authority over that area.

This legal battle reflects the political and legal tensions surrounding immigration and border security in the United States. While Gov. Abbott vows to take the case all the way to the U.S. Supreme Court, the controversy over the floating barrier on the Rio Grande remains a point of conflict between the Texas government and the federal administration.