DOJ: Abbott Lacks Authority To Declare Invasion Is Underway

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 Justice Department insists Governor Greg Abbott lacks the constitutional authority to define illegal immigration as an invasion. In a new court filing on Wednesday, the department said it's up to the federal government to decide whether an invasion is underway. The Justice Department is suing Abbott and the state of Texas for placing a floating barrier in the Rio Grande near Eagle Pass. Federal officials are asking a judge to order the removal of the buoys pending the outcome of the trial, which hasn't started yet.