Judge calls out Texas' contradictory arguments in battle over border barriers

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Judge calls out Texas' contradictory arguments in battle over border barriers
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A federal judge ruled that Texas had no standing to install the border barriers. Texas was granted a stay.

In this Aug. 1, 2023, file photo, buoys are placed in the Rio Grande River in Eagle Pass, Texas.Texas deployed in the Rio Grande to prevent migrants from crossing were illegally installed, a federal judge in Austin ruled -- adding the arguments used to justify the buoys are "unconvincing" and, in at least one instance, unconstitutional.

"We will continue to utilize every strategy to secure the border, including deploying Texas National Guard soldiers and Department of Public Safety troopers and installing strategic barriers," Abbott said in a statement Wednesday. "Our battle to defend Texas' sovereign authority to protect lives from the chaos caused by President Biden's open border policies has only begun.

Ezra, appointed by President Ronald Reagan and serving since 1988, said there are "several constitutional provisions" which "assign the federal government-not states-the authority to recognize and respond to invasions," and "the political question doctrine bars consideration of Texas's 'invasion' defense.

But this is a "convenient" claim from Texas that "contradicts its own description," the judge wrote -- since the state had said the buoys were designed as a "physical barrier" created "to deter illegal crossing in hotspots along the Rio Grande."

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