A trial over whether Texas can place floating barriers along the Rio Grande to deter migrants from crossing the border illegally likely will be delayed until the fall, thanks to an unopposed motion from the Biden administration.

The Justice Department on Thursday filed its unopposed motion to the U.S. District Court for the Western District of Texas before Judge David Ezra, who was slated to preside over a trial on the merits next week of the “marine barrier” dispute between Texas and the Biden administration. The DOJ seeks a 60-day delay after an appeals court allowed the Lone Star State’s floating barrier along the U.S.-Mexico border to remain in place pending further litigation, according to court records.