Migrants walk by a string of buoys placed on the water along the Rio Grande border with Mexico in Eagle Pass, Texas, on July 16, 2023. The buoy installation is part of an operation Texas is pursuing to secure its borders, but activists and some legislators say Governor Greg Abbott is exceeding his authority. (Photo by SUZANNE CORDEIRO / AFP) (Photo by SUZANNE CORDEIRO/AFP via Getty Images)
The Biden administration is suing Texas over a floating border wall. The Justice Department filed the lawsuit Monday in the federal district court in Austin after a deadline it had given Texas to remove the barrier passed. The system of buoys, which is floating the Rio Grande near the town of Eagle Pass, has the support of the Border Patrol Union. In the lawsuit, the DOJ claims Texas officials needed to request permission from the federal government before putting the barrier in place.
“We allege that Texas has flouted federal law by installing a barrier in the Rio Grande without obtaining the required federal authorization,” said Associate Attorney General Vanita Gupta. “This floating barrier poses threats to navigation and public safety and presents humanitarian concerns. Additionally, the presence of the floating barrier has prompted diplomatic protests by Mexico and risks damaging U.S. foreign policy.”
“The Rivers and Harbors Act is clear in prohibiting the placement of any unauthorized barriers or obstructions in the Rio Grande and other navigable waters of the United States,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “We intend to seek the appropriate legal remedies, including the removal of such obstructions in the Rio Grande.”
“The Rio Grande is a significant stretch of the southern border of our country,” said U.S. Attorney Jaime Esparza of the Western District of Texas. “We must all recognize that there are laws and policies in place – both domestic and international – to ensure the safety and security of everyone working, living and traveling along the river. These laws cannot be ignored, and my office will take and support the appropriate legal action to uphold them.”
Texas Governor Greg Abbott defended the barrier in a letter to President Biden on Monday, saying Texas used its "constitutional authority" to fight illegal border crossings and added "Texas will see you in court, Mr. President."
“If you truly care about human life, you must begin enforcing federal immigration laws,” reads the letter. “By doing so, you can help me stop migrants from wagering their lives in the waters of the Rio Grande River. You can also help me save Texans, and indeed all Americans, from deadly drugs like fentanyl, cartel violence, and the horrors of human trafficking. To end the risk that migrants will be harmed crossing the border illegally, you must fully enforce the laws of the United States that prohibit illegal immigration between ports of entry. In the meantime, Texas will fully utilize its constitutional authority to deal with the crisis you have caused. Texas will see you in court, Mr. President.”