Texas Attorney General Ken Paxton has secured an en banc rehearing by the U.S. Court of Appeals for the Fifth Circuit concerning the Biden Administration’s attempt to force Texas to remove buoys placed in the Rio Grande at the Texas-Mexico border. The buoy system was deployed by Texas to reduce the number of unvetted aliens attempting to enter the United States at a dangerous and illegal river crossing rather than a designated port of entry.

In December 2023, a Fifth Circuit panel issued a split decision upholding a district judge’s order demanding that Texas move the buoys to the Texas side of the river bank. Attorney General Paxton immediately filed a petition to rehear the case before the full court and to allow the buoys to remain in place while the court considered the petition. Now that the Fifth Circuit has granted an en banc hearing, the order to move the buoys will continue to be stayed. Argument before the en banc Fifth Circuit is scheduled for May 2024.

To read the order, click here.