The US Court of Appeals for the Fifth Circuit granted an en banc rehearing Wednesday to Texas in the state’s dispute with the federal government over a barrier meant to deter migrants from crossing the Rio Grande, vacating the court’s previous judgment. This means that the full court will hear the case instead of a three-judge panel.

In June, Texas Governor Greg Abbott signed a series of border enforcement regulations in the state, one of which authorized the construction of floating barriers in the Rio Grande, aiming at deterring irregular border crossings from Mexico to the US. The state subsequently installed a 1,000-foot barrier in the river near Eagle Pass, Texas.

While the barrier was in the process of being built, Lt. Chris Olivarez Texas Department of Public Safety gave an interview on FoxNews, explaining the goals of creating such a barrier:

[W]e continue to look for ways and infrastructure to secure the border to prevent people from crossings between the ports of entry, because that’s still taking place and the river is very dangerous. So now, having this marine barrier in place in the middle of the river will deter unlawful crossings, will prevent drownings, and also will prevent human smugglers from bringing people across the river into the country illegally.

Following the installation of the barrier, the Biden Administration sued Texas, demanding that it be taken down. The administration alleged that Texas violated 33 U.S.C. § 403 by putting up the barrier without federal authorization and creating a navigational obstruction in the waterway. Mexican Foreign Minister Alicia Barcena also spoke out against the barrier, stating that it violated a 1944 Treaty between the US and Mexico regulating the use of shared waterways.

A district court ruled in favor of the Biden Administration in September and issued an injunction, requiring the state to remove the barriers. The Fifth Circuit affirmed this ruling upon appeal in December. The court granted a rehearing following a request from Texas filed just three days after the appeals court’s initial decision.

The case is scheduled to be heard en banc in May 2024.