WASHINGTON (WBAP/KLIF) – The United States Justice Department filed a civil complaint against the State of Texas on Monday because over the state’s floating barrier, consisting of buoys strung together, in the Rio Grande River.
The DOJ claims Texas deployed the buoy barrier without the federal authorization that is legally required under the Rivers and Harbors Act. The complaint seeks to enjoin the building of the barrier and to require the state to remove it.
“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 complaint alleges that, beginning earlier this month, Texas directed the placement of a floating barrier – buoys four to six feet in diameter strung together – in the Rio Grande, approximately two miles south of the Camino Real International Bridge in Eagle Pass, Texas. Governor Abbott has said the state may build more barriers as part of a broader effort called “Operation Lone Star,” which also includes placing concertina wire near the U.S.-Mexico border.
The complaint is lodged in U.S. District Court in the Western District of Texas.
The case is being litigated by the Environmental Defense Section of the Justice Department’s Environment and Natural Resources Division.
Earlier on Monday, Texas Governor Greg Abbott defended what he called “Texas’ right to secure the border through the recent deployment of floating marine barriers in the Rio Grande River in Eagle Pass as part of the state’s unprecedented response to America’s ongoing border crisis.”
“If you truly care about human life, you must begin enforcing federal immigration laws,” Governor Abbott wrote in a letter to President Biden. “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.”
Governor Abbott argues against claims that Texas’ floating marine barriers violate Section 10 of the Rivers and Harbors Act.
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