In a recent development, the 5th Circuit Court of Appeals has announced that it will rehear the case involving the floating barrier erected by Texas along the Rio Grande to deter migrants. The decision temporarily allows the controversial barrier to remain in place while the court reconsiders previous rulings that declared it illegal.

Earlier, a federal district judge had ordered Texas to remove the boundary in September. This decision was subsequently upheld by a 2-1 ruling from a panel of the 5th Circuit Court. However, Texas sought an en banc hearing, requesting that the entire court reconsider the case. Such hearings are rare, with less than 1 percent of cases being reheard by the court.

The 5th Circuit responded to Texas's request and granted the en banc hearing, scheduled to take place in May. This decision also nullifies the previous opinion, meaning that the series of buoys along the river border with Mexico can remain in place while the litigation process continues.

The floating barrier was initially deployed by Texas Governor Greg Abbott in early July, who claimed that it had successfully deterred numerous crossings. However, the Department of Justice filed a lawsuit against the state, contending that the barrier violated federal environmental law by obstructing U.S. waterways.

The placement of these buoys has faced significant criticism from Democratic lawmakers in Texas and human rights advocates. They argue that the barrier poses a threat to the lives of migrants seeking asylum, as it forces them to navigate dangerous waters in their pursuit of safety.

With the 5th Circuit Court's decision to rehear the case, the fate of the floating barrier along the Rio Grande remains uncertain. The upcoming en banc hearing will provide an opportunity for a comprehensive review of legal arguments from both sides, as the court weighs the legality and implications of Texas's initiative.