(NewsNation) — A federal judge ruled Wednesday the state of Texas must stop building new buoys in the Rio Grande while a lawsuit plays out over the barriers that have been placed in the river in an attempt to deter illegal immigration.
U.S. District Judge David Ezra also ordered the state to move the floating barrier sitting near Eagle Pass to the bank on the Texas side of the river.
The temporary injunction will remain in place unless it is modified by the district court, federal appeals court or Supreme Court or until the case has been resolved. Texas said in a court filing it intends to appeal the ruling to the Fifth U.S. Circuit Court of Appeals.
Texas officials began installing the barrier on the Rio Grande in July. NewsNation partner Border Report said the project in total cost around $1 million, or about $1,000 per foot.
The Department of Justice sued after the barriers were put in place, arguing Gov. Greg Abbott violated the Rivers and Harbors Act with the marine barrier system and that it raises humanitarian, diplomatic and environmental concerns.
In his ruling, Ezra wrote that Abbott acted outside of his authority when he ordered the installation of the barriers without permission from the federal government.
“Unfortunately for Texas, permission is exactly what federal law requires before installing obstructions in the nation’s navigable waters,” Ezra wrote.
The Department of Justice isn’t the only one taking Texas to court because of the buoys — the owner of a canoe and kayak company in Eagle Pass has filed a separate suit as well.
NewsNation’s Ali Bradley and William Budkins contributed to this report.