Texas Gov. Greg Abbott said he'll defy a Department of Justice (DOJ) request to remove an inflatable, floating barrier that the state set up in the Rio Grande to repel illegal immigrant crossings and suggested that he would fight the DOJ in court.
“Texas will fully utilize its constitutional authority to deal with the crisis you have caused,” Mr. Abbott, a Republican, wrote in a letter to President Joe Biden after the DOJ requested the removal of the barrier along the river, which forms the border between Mexico and Texas.
“Texas will see you in court, Mr. President.”
Several days ago, the DOJ sent a letter notifying Mr. Abbott that the agency would sue the state for allegedly violating federal immigration law. There were reports that the Biden administration gave Texas officials a deadline of July 24 at 2 p.m. Washington time to commit to the removal of the border barrier or face a lawsuit, according to the letter.
The White House on July 24 said Mr. Abbott’s defiance is “dangerous and unlawful.”
“Governor Abbott’s dangerous and unlawful actions are undermining that effective plan and making it hard for the men and women of Border Patrol to do their jobs of securing the border. The governor’s actions are cruel and putting both migrants and border agents in danger,” White House spokesman Abdullah Hasan said on July 24, according to media reports.
Mr. Hasan said that if “[Gov. Abbott] truly wanted to drive toward real solutions, he would be asking his Republican colleagues in Congress, including Texas Sen. Ted Cruz, why they voted against President Biden’s request for record funding for the Department of Homeland Security and why they’re blocking comprehensive immigration reform and border security measures to finally fix our broken immigration system.”
In its letter, the DOJ claims that Mr. Abbott is violating the federal Rivers and Harbors Act, which requires U.S. Army Corps of Engineers’ approval before any barrier can be erected on navigable waterways in the United States. It stated that neither Mr. Abbott nor the Texas Department of Public Safety gained Army Corps approval beforehand.
“This floating barrier poses a risk to navigation, as well as public safety, in the Rio Grande River, and it presents humanitarian concerns,” the letter reads, according to multiple news reports. “Thus, we intend to seek appropriate legal remedies, which may include seeking injunctive relief requiring the removal of obstructions or other structures in the Rio Grande River.”
Mexico’s government also filed a complaint and claimed that Mr. Abbott’s deployment of buoys is a violation of water treaties between the United States and Mexico. Mexico’s incoming secretary of foreign affairs, Alicia Bárcena, told Reuters that a diplomatic letter of complaint was submitted in late June.
However, Mr. Abbott has said that under the U.S. and Texas constitutions, his administration has the authority to defend the U.S. border.
At the same time, Texas Department of Public Safety Director Steven McCraw said last month at a press conference that would-be illegal immigrants face significant danger when they try to cross the Rio Grande. The buoys are designed to mitigate that threat.
“Anytime they get in that water, it’s a risk to the migrants. This is the deterrent from even coming in the water,” he said.
At about the Fourth of July holiday, four people, including an infant, drowned near Eagle Pass, Texas, as they attempted to cross the Rio Grande, officials said.
The federal International Boundary and Water Commission, whose jurisdiction includes boundary demarcation and overseeing U.S.–Mexico treaties, said it didn’t get a heads-up from Texas about the floating barrier.
“We are studying what Texas is publicly proposing to determine whether and how this impacts our mission to carry out treaties between the U.S. and Mexico regarding border delineation, flood control, and water distribution, which includes the Rio Grande,” Frank Fisher, a spokesperson for the commission, said in a statement.
Border crossing dynamics shifted in May after the Biden administration stopped implementing Title 42, a pandemic-era public health policy that turned many illegal immigrants. New rules allowed people to seek asylum through a government application and set up appointments at the ports of entry, although the maximum allowed in per day is set at 1,450. The Texas governor’s policies target the many who are frustrated with the cap and cross illegally through the river.
Earlier iterations of Mr. Abbott’s border mission have included installing miles of wire at popular crossing points on the river and creating state checkpoints beyond federal stops to inspect incoming commercial traffic.
