In a significant setback for Texas Governor Greg Abbott, a federal appeals court has ruled that the state must remove the border buoys it had installed near Eagle Pass as an effort to block migrants. The conservative New Orleans-based 5th U.S. Circuit Court of Appeals sided with the Biden administration, agreeing that the buoys violated a federal ban on construction in a navigable river without permission dating back to 1899.

The decision comes after a lower court had previously issued an order finding that Texas had violated federal laws when it installed the 1,000-foot-long barrier in June. The appeals court upheld the lower court's ruling and noted testimony from state officials about the numerous hazards near Eagle Pass, including sand bars and debris, making it difficult and dangerous to operate even airboats. The court deemed the buoys to be an obstruction, thus violating federal law.

Governor Abbott expressed his intentions to seek a rehearing before the full 5th Circuit and, if necessary, appeal to the U.S. Supreme Court in order to protect Texas from what he perceives as the Biden administration's open borders policies. He criticized the court's denial of Texas' sovereign authority to secure the border and labeled the decision as "clearly wrong."

Texas had argued that an alleged "invasion" of migrants and drug cartels justified their sweeping powers to defend themselves, even if it meant disregarding federal law and international treaties with Mexico. State officials insisted that the barrier was temporary and not covered by the law requiring permission. Moving the barrier is estimated to take several weeks and cost $300,000.

The controversial buoy barrier is part of Governor Abbott's $10 billion Operation Lone Star, which also includes deployments of state troopers, National Guard, and the installation of razor wire. However, the appeals court ruling now requires Texas to remove the barrier as it violated federal law.

The dissenting opinion in the case came from Judge Don Willett, a Donald Trump appointee, who focused on the issue of whether the federal ban on river use can apply to a segment of the Rio Grande that is not clearly navigable. He questioned the majority's finding that the barrier should be moved to alleviate tensions with Mexico, as the order only requires Texas to move it to its own riverbank, while Mexico has demanded complete removal from the river.

The Biden administration welcomed the ruling, citing that enforcing immigration law is a federal responsibility. The Department of Homeland Security expressed satisfaction with the court's decision to remove what they referred to as "death traps" from the border.

It remains to be seen whether Texas will comply with the order pending the next appeal. Governor Abbott's zeal to defend Texas' authority in immigration enforcement has drawn attention, with critics dubbing it a waste of taxpayer dollars and a violation of the Constitution.

The 5th Circuit's ruling, which included two judges appointed by Democratic presidents, has brought attention to the larger legal implications of whether states have a role in immigration enforcement. Should the case proceed to the Supreme Court, the long-standing legal precedent on this matter may be reconsidered.

The removal of the border buoys marks a significant development at the Texas-Mexico border, where the debate over immigration policies and border security continues to be a contentious issue.