An appeals court sank the Biden administration’s attempt to take down a strip of buoys that the state of Texas had installed last summer in the Rio Grande as a “marine barrier” meant to stop illegal immigration and drug smuggling.

The full Fifth Circuit Court of Appeals, composed of 17 judges, ruled late Tuesday that the 1,000-foot aquatic buoy wall located at the U.S.-Mexico border could remain, but the issue is not out of hot water yet. Seven dissenting judges argued the federal government was likely to succeed on the merits of its case, disagreeing with the other 10 in the majority who said Texas was more likely to prevail.