A fight is on tap at the 5th Circuit Court after Texas immediately appealed a federal judge’s order that barriers placed in the Rio Grande at the behest of Governor Abbott be removed by September 15.

The barriers were placed in the river at the behest of Mr. Abbott as part of his Operation Lone Star, which is aimed at keeping migrants from crossing the border between ports of entry.

The floating barriers, which run for about 1,000 feet near Eagle Pass, Texas, immediately drew criticism for the toothed metal plates in between the buoys that keep the barrier afloat.

Multiple bodies have been found caught in or around the buoys since their installation earlier in the summer. It hasn’t been clear, though, whether the buoys were themselves responsible for these deaths or if bodies were washed into the buoys by the river. 

It’s also unclear if the 1,000 feet of buoys were effective deterrents, as migrants appeared, from early anecdotal reports, simply to be choosing new crossing points. 

The legal case regarding the Texas buoys, though, was less focused on humanitarian concerns than on the procedural issues surrounding how the buoys were installed and whether they were technically placed in Mexico.

In the ruling Wednesday, Judge David Ezra, who was appointed by President Regan, found that Texas violated federal law because it did not receive permission from the Army Corps of Engineers before installing the barrier.

“Unfortunately for Texas, permission is exactly what federal law requires before installing obstructions in the nation’s navigable waters,” Judge Ezra wrote.

In the suit, attorneys for Texas argued that the Constitution gave the state authority to “repel invasion,” which they argued included preventing migrants from crossing the border between ports of entry. 

Judge Ezra, though, sided with the Department of Justice in his ruling and gave the state until September 15 to move the buoys to the American shore, thus removing any impediment to navigating the river.

Attorneys for Texas have already filed for an appeal, which will be heard by the 5th Circuit Court of Appeals. The justice department applauded the ruling.

“We are pleased that the court ruled that the barrier was unlawful and irreparably harms diplomatic relations, public safety, navigation, and the operations of federal agency officials in and around the Rio Grande,” Associate Attorney General Vanita Gupta said in a statement.

Mr. Abbot condemned the ruling and said that he would deploy the Texas National Guard and continue to install more barriers along the border.

“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,” Mr. Abbott said in a statement. “Texas is prepared to take this fight all the way to the U.S. Supreme Court.”

Judge Ezra also noted in his ruling that the buoys had placed “tremendous strain on the U.S.-Mexico relationship.” Since their’ installation, Mexico has expressed disapproval of the barrier repeatedly.

The buoy case is only one example of a larger fight between Mr. Abbott and President Biden over migration and immigration policy. Mr. Abbott has antagonized both the president and other Democrats on the issue over the past year, including bussing migrants to the gates of the Naval Observatory at Washington, D.C., the official residence of Vice President Harris.