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US appeals court orders rehearing of Texas Rio Grande barrier case

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US appeals court orders rehearing of Texas Rio Grande barrier case


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.

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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.



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Texas sues Netflix, alleges platform spied on kids and collected data

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Texas sues Netflix, alleges platform spied on kids and collected data


The state of Texas announced a lawsuit against streaming giant Netflix on Monday, accusing the company of spying on children and other consumers by collecting their data without consent and designing the platform to be addictive.

Texas claims that Netflix has falsely represented to consumers that it didn’t collect or share user data while it actually tracked and sold viewers’ habits and preferences to commercial data brokers and advertising technology companies.

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The lawsuit, filed by Texas Attorney General Ken Paxton, claims that “Netflix’s endgame is simple and lucrative: get children and families glued to the screen, harvest their data while they are stuck there, and then monetize the data for a handsome profit.”

The state of Texas announced a lawsuit against streaming giant Netflix on Monday. (Nikos Pekiaridis/NurPhoto via Getty Images)

“When you watch Netflix, Netflix watched you,” Texas added in the lawsuit.

NETFLIX CO-FOUNDER REED HASTINGS TO STEP DOWN, DEPARTURE IS ‘SPOOKING INVESTORS’

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NFLX NETFLIX INC. 85.39 -2.10 -2.40%

The complaint quotes comments made by former CEO Reed Hastings who said in 2020, while he was still leading the streaming company, that “we don’t collect anything,” amid questions over Big Tech companies’ data collection practices.

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Netflix was also accused of quietly using “dark patterns” to keep users watching on its platform, such as an autoplay feature that starts a new show after a different show ends.

NETFLIX RAISES SUBSCRIPTION PRICES ACROSS ALL PLANS

Texas Attorney General Ken Paxton filed the lawsuit. (Cheney Orr/Reuters)

Paxton said in a press release that Netflix “has built a surveillance program designed to illegally collect and profit from Texans’ personal data without their consent, and my office will do everything in our power to stop it.”

The attorney general said he’s charging Netflix under the state’s Deceptive Trade Practices Act and seeks to require Netflix to stop the unlawful collection and disclosure of user data, require Netflix to disable autoplay by default on kid’s profiles, and to secure injunctive relief and civil penalties.

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FOX Business reached out to Netflix for comment.

Reuters contributed to this report.



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6 people found dead inside a boxcar in Texas, officials say | CNN

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6 people found dead inside a boxcar in Texas, officials say | CNN


Six people were found dead inside a cargo train boxcar in a Texas city along the southern border on Sunday, officials said.

The bodies were found in a Union Pacific train at a rail yard in Laredo, around 160 miles south of San Antonio, just after 3:30 p.m. local time, said Jose Espinoza, a public information officer with the Laredo Police Department.

The circumstances of their deaths are unknown, said Laredo police spokesperson Joe Baeza, according to CNN affiliate KGNS, and an investigation is underway.

Union Pacific operates across the border and is the only railroad that services all access points into Mexico, according to the freight company’s website.

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Temperatures on Sunday afternoon in Laredo were in the low-mid 90s, though it’s unclear whether heat was a factor.

Union Pacific said it was saddened by the incident and is working closely with law enforcement to investigate.

Laredo police said they received a call around 3 p.m. from an employee at the Union Pacific rail yard, KGNS reported. The bodies were discovered during a routine rail car inspection, police said. No survivors were found.

CNN has reached out to Laredo police for more information.

“It’s a very early phase of the investigation. There’s not a lot to reveal right now,” Baeza said, KGNS reported.

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The immigration status and ages of the deceased are not yet known, Espinoza said.

US Customs and Border Protection referred CNN to the Laredo Police Department, saying “The incident remains under investigation by Laredo Police Department and Homeland Security Investigation and Texas Rangers.”

CNN has reached out to the Department of Homeland Security, HSI and the Texas Department of Public Safety.

“It’s a very unfortunate event,” Espinoza told CNN. “It was too many lives that were lost.”

This story has been updated with additional information.

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Gov. Abbott activates state emergency resources ahead of severe storm threat

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Gov. Abbott activates state emergency resources ahead of severe storm threat


Gov. Greg Abbott on Sunday directed the Texas Division of Emergency Management to activate state emergency response resources as a massive storm system threatens much of the state with hurricane-force winds, giant hail, and the risk of tornadoes.

Severe weather in Texas

The severe weather, expected to last through Monday morning, covers a vast footprint including West, North, East, Central, and South-Central Texas. Forecasters warned the system could produce wind gusts exceeding 75 mph and hail larger than 2 inches in diameter.

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What they’re saying:

“Texas is prepared to confront the severe storms that pose a threat to communities all across our state,” Abbott said in a statement. He urged Texans to monitor local forecasts and warned motorists never to drive through flooded roadways, invoking the phrase, “Turn Around, Don’t Drown.”

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Heavy rainfall is expected to be widespread, with some areas potentially seeing isolated totals of 3 to 6 inches, which could lead to significant flash flooding. As the system progresses, the threat is expected to shift toward the South and Southeast Texas coasts.

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In preparation, the governor has deployed a wide array of state assets to assist local officials, including:

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  • Search and Rescue: Swiftwater and floodwater rescue boat squads and urban search and rescue teams from Texas A&M Task Forces 1, 2, and 3.
  • Aviation and Marine Support: Helicopters with hoist capabilities from the Department of Public Safety and Texas Parks and Wildlife, as well as Tactical Marine Units.
  • Infrastructure and Recovery: Texas Forest Service saw crews to clear debris from roads and Department of Transportation personnel to monitor highway conditions.
  • Medical and Utility Support: Emergency medical task forces with ambulances and all-terrain vehicles, along with monitors from the Public Utility Commission to coordinate power outage responses.

State agencies are also monitoring the state’s natural gas supply and water quality as the storms move through.

Officials encouraged residents to assemble emergency kits and check road conditions at DriveTexas.org before attempting to travel.

The Source: Information in this article is from the Governor Greg Abbott Press Office.

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