Three judges on the New Orleans-based 5th U.S. Circuit Court of Appeals heard oral arguments in the state's appeal ofrequiring the string of buoys installed in July be moved to an embankment on the Texas side of the river, which forms a border between the U.S. and Mexico.
At Thursday's arguments, Lanora Pettit, a lawyer for the state, told the 5th Circuit panel that the portion of the Rio Grande where the barrier was placed is not navigable, so federal law does not bar Texas from installing the barrier. Pettit also said that a structure placed in a river must be permanent to qualify as an unlawful obstruction under U.S. law. The buoys are not permanent because they can be removed at any time, she said.
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Texas asks appeal judges to let it keep floating barrier in place on the Rio GrandeAttorneys for Texas are asking federal appeals court judges to let the state keep in place a floating barrier to block migrants from crossing the Rio Grande.
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