DOJ to sue Texas over Gov. Abbott's floating wall, razor wire along the Rio Grande

July 21, 2023
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The Justice Department has notified Texas that it plans to file a lawsuit over Gov. Greg Abbott's floating border barrier in the Rio Grande to deter migrants from crossing illegally.

The DOJ sent a letter to Abbott on Thursday demanding that Texas remove the buoys and razor wire by Monday July 24th, or legal action will be taken.

"The State of Texas’ actions violate federal law, raise humanitarian concerns, present serious risks to public safety and the environment, and may interfere with the federal government’s ability to carry out its official duties," read the letter.

"The floating barrier at issue here is a structure that

obstructs the navigable capacity of the Rio Grande River, which is a navigable water of the United States within the meaning of the Rivers and Harbors Act. Texas does not have authorization from the Corps to install the floating barrier and did not seek such authorization before doing so."

The Biden administration has been facing pressure to intervene in Governor Abbott's controversial $4 billion Operation Lone Star border security initiative.

Eighty-six House Democrats sent a letter to the Biden administration on Friday urging intervention.

"We write to express our profound alarm over border policies instituted by Texas Governor Greg Abbott that are putting asylum-seekers at serious risk of injury and death, interfering with federal immigration enforcement, infringing on private property rights, and violating U.S. treaty commitments with Mexico," said the letter, led by San Antonio Congressman Joaquin Castro. "We urge you to assert your authority over federal immigration policy and foreign relations and investigate and pursue legal action, as appropriate, related to stop Governor Abbott’s dangerous and cruel actions."

Abbott launched Operation Lone Star in March 2021 in order to stop illegal migration through the Texas border, claiming the Biden administration was not doing enough. The Republican governor has since tested the legal limits of a state's ability to enforce immigration policy.

It started with the deployment of thousands of DPS troopers and Texas National Guard members to arrest migrants on state trespassing charges.

Over the last two years, the program has been escalated to include high speed pursuits and the installation of miles of razor wire and other obstacles such as train cars along the Rio Grande. Most recently, Abbott installed the floating buoy barrier in the middle of the river in Eagle Pass, a crossing hot spot and the epicenter of Operation Lone Star.

Omar Ornelas/USA TODAY NETWORK via Reuters Co / X02835 July 20, 2023; Eagle Pass, TX, USA; Migrants breach a section of concertina wire after crossing the Rio Grande River on July 20, 2023, from Piedras Negras, Coahuila, Mexico into Eagle Pass, Texas hoping to seek asylum in the U.S.

Abbott and the state are also facing a separate DOJ investigation into an email from a Texas Department of Safety trooper and medic in Eagle Pass that claimed troopers were ordered to push migrants they encounter into the Rio Grande and deny them water in the middle of a heat wave. Abbott denied the allegations.

Abbott's responded to the threat of a DOJ lawsuit Friday in a tweet, welcoming a court battle with the Biden administration.

“Texas has the sovereign authority to defend our border, under the U.S. Constitution and the Texas Constitution,” Abbott said. "We will continue to deploy every strategy to protect Texans and Americans — and the migrants risking their lives."

He added: “We will see you in court, Mr. President.”

Source: Texas Public Radio