State attorneys have asked a three-judge federal appeals court panel to allow Texas to keep the line of buoys in the middle of the Rio Grande near Eagle Pass, intended to hinder illegal border crossers.
The arguments in the New Orleans courtroom focused on whether that stretch of the lower Rio Grande is too shallow for commercial navigation. If so, the state argues that a 19th-century law giving the federal government jurisdiction over the river does not apply.
The Biden administration insists it does have the right to order Texas to remove the buoys. The federal court will have to decide who is right.
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