Justice Department Considers Lawsuit Over Texas' Floating Border Wall

Migrants walk between Concertina wire and a string of buoys placed on the water along the Rio Grande border with Mexico in Eagle Pass, Texas, on July 16, 2023, to prevent illegal immigration entry to the US. The buoy installation is part of an operation Texas is pursuing to secure its borders.

Photo: SUZANNE CORDEIRO / AFP / Getty Images

The Department of Justice is preparing a lawsuit over Texas's floating border wall. It's currently bobbing in the Rio Grande near the town of Eagle Pass, which has become a dangerous spot for illegal immigration. In a letter, the DOJ says the system of buoys violates federal law, raises humanitarian concerns and interferes with the federal government's ability to carry out its official duties. Texas did not seek authorization from the Army Corps of Engineers before launching the barrier, which is required by the law.

"Texas has the sovereign authority to defend our border, under the U.S. Constitution and the Texas Constitution," said Governor Greg Abbott. "We have sent the Biden Administration numerous letters detailing our authority, including the one I hand-delivered to President Biden earlier this year."

"The tragic humanitarian crisis on the border was created because of Biden’s refusal to secure the border," said Abbott. "His open border policies encourage migrants to risk their lives crossing illegally through the Rio Grande, instead of safely and legally over a bridge."

"Texas is stepping up to address this crisis. We will continue to deploy every strategy to protect Texans and Americans — and the migrants risking their lives," said Abbott. "We will see you in court, Mr. President."


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