Justice Department urges federal court to tear down Texas' floating border wall

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The Biden administration appeared before a federal appeals court Thursday to ask the judges to rule against Texas' floating border wall, saying it's illegal under the terms of a 19th-century law governing navigable rivers.

People line up against a border wall as they wait to apply for asylum after crossing the border from Mexico. Tuesday, July 11, 2023, near Yuma, Ariz. The Biden administration appeared before a federal appeals court Thursday to ask the judges to rule against Texas’ floating border wall, saying it’s illegal under the terms of a 19th-century law governing navigable rivers.

The 1,000-foot floating wall is a line of large orange buoys strung together and anchored to the riverbed. The goal is to prevent people from wading over from Mexico. But Lanora C. Pettit, Texas’ principal deputy solicitor general, said it’s a stretch to call this part of the river a navigable waterway for purposes of the 1899 law when it doesn’t have any commercial boat traffic.

“You would need to blast a canal that’s five times the size of the Panama Canal and find the water to fill it,” she told the judges.

 

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