Justice Department Sues Texas to Remove Rio Grande Buoys Intended to Deter Migrants

The Justice Department has filed a lawsuit against Texas Governor Greg Abbott after he refused to remove floating barriers the state placed in the Rio Grande intended to repel migrants coming to the U.S. from Mexico. The Biden administration had previously demanded the barriers’ removal, but Abbott, a hardliner on immigration who insisted on his right to defend his state’s borders against an “invasion” of immigrants, did not adhere to the request by the July 24 deadline. Instead, Abbott released a defiant letter addressed to President Biden three hours ahead of the deadline in which he blamed Biden for any injuries that befall migrants trying to enter Texas without permission.

“Texas will fully utilize its constitutional authority to deal with the crisis you have caused,” Abbott wrote in the response.

The buoy-and-razor-wire barriers are part of “Operation Lone Star,” which Abbott launched to boost border security when Biden took office and began to dismantle many of Trump’s harsh immigration policies, including the building of the border wall.

The U.S. government says Abbott’s water blockade to deter U.S. Mexico border crossings is not only sowing chaos, but is illegal and violates treaties. It contends that Abbott’s action is making it difficult to access the river and patrol the area, both to help individuals and arrest those who attempt to cross the Rio Grande and enter the country unlawfully. The Texas lawsuit seeks an order barring Texas from further violating the Rivers and Harbors Act, which bans obstructions in a navigable waterway.

“Texas has flouted federal law by installing a barrier in the Rio Grande without obtaining the required federal authorization,” said Associate U.S. Attorney General Vanita Gupta. “This floating barrier poses threats to navigation and public safety and presents humanitarian concerns.”

The U.S. is also concerned over diplomatic protests by Mexico and risk of damaging U.S. foreign policy. For its part, Mexico also deems the floating barriers illegal.

As far as the “invasion” to which Governor Abbott alludes: Illegal crossings are far below last summer’s record-setting peak, dropping 70% since the Biden administration ended Title 42 earlier this year.

Migrants, including children, have drowned trying to evade the floating barriers while crossing the Rio Grande.

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