President Joe Biden’s Department of Justice (DOJ) sued Texas on Monday over a buoy barrier Republican Gov. Greg Abbott built in the Rio Grande River without federal approval.
As part of Operation Lone Star, Abbott installed nearly 1,000 feet of buoys in the Rio Grande on July 10 to deter migrants from crossing the border. The Rio Grande defines the Texas border but falls under the International Boundary and Water Commission’s jurisdiction because it marks the boundary between the United States and Mexico.
The lawsuit filed Monday comes after the DOJ threatened Abbott with legal action on Friday. Nearly 100 House Democrats on Friday urged Biden “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.”
Associate Attorney General Vanita Gupta said in a statement:
We allege that Texas has flouted federal law by installing a barrier in the Rio Grande without obtaining the required federal authorization. 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 lawsuit alleges Texas violated the Rivers and Harbors Act, which prohibits unauthorized barriers in any navigable waters, as the Hill noted.
On Monday, Abbott reiterated Texas’s intent to “fully utilize our sovereign authority to deal with the humanitarian crisis Biden created at our border” in a letter sent to Biden.
Abbott wrote:
If you truly care about human life, you must begin enforcing federal immigration laws. 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.
