Texas Governor Abbott scores legal win in battle over Rio Grande floating buoys
Texas Governor Greg Abbott
A court granted Texas Governor Greg Abbott's request to exclude Adrian Cortez's expert witness evidence, giving him a victory in his fight to maintain floating buoys in the Rio Grande River to deter migrant crossings.
The International Boundary and Water Commission (IBWC) staffer Cortez had testified in the case, but Abbott's legal team contested his right to do so.
The request was granted by Magistrate Judge Dustin Howell, who also barred Cortez "from offering expert testimony in this matter."
Regarding how to manage illegal immigration across the Texas–Mexico border, Abbott and the Biden administration have frequently disagreed. Large floating buoys divided by metal sheets that resemble circular saws have been placed in the Rio Grande as part of Operation Lone Star to prevent river crossings.
The federal government sued the Texan authorities in July 2023, claiming that the buoys violated the Rivers and Harbors Appropriations Act of 1899 by obstructing a navigable canal. The State of Texas is contesting this, arguing that the buoys were placed at a spot where the Rio Grande is not navigable.
Cortez, who works for the US branch of the IBWC, was one of the hundreds of experts called upon by the government to testify in support of its argument about water flows from Amistad Dam.
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Abbott reacted strongly to the Supreme Court's January decision that allowed federal officials to dismantle razor wire from the border, claiming his state was being invaded.
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Judge Howell approved Abbott's motion in his Tuesday-filed ruling, barring Cortez "from offering expert testimony in this matter."
Cortez was supposed to provide proof that would have refuted the federal government's argument that installing floating buoys at the Rio Grande's navigable point violated the Rivers and Harbors Appropriations Act.
The federal government "cannot meet its burden of showing by a preponderance of the evidence that Cortez has relevant and reliable opinions about the decision factors and procedures for water releases from Amistad Dam," according to a court filing from Abbott's legal team.
"Cortez is a fact witness and admitted that he has no expert opinions in this case about the decision factors for water releases from Amistad Dam," Abbott's legal team added.
"Plaintiff cannot meet its burden of showing by a preponderance of the evidence that Cortez has relevant and reliable opinions because, by Cortez's admission, he is either not an expert or has no expert opinions on the topics for which he was identified as an expert witness," Abbott's team concluded.
(With inputs from agencies)
