Biden's DOJ to Sue Texas Over Rio Grande Buoy Barrier

Workers take a break from deploying large buoys to be used as a border barrier along the banks of the Rio Grande in Eagle Pass, Texas. (Eric Gay/AP)

By    |   Friday, 21 July 2023 05:21 PM EDT ET

The Biden administration has notified Texas Gov. Greg Abbott that it plans to sue the state because it placed a 1,000-foot-long barrier of buoys in the Rio Grande River to stem the flow of illegal immigrants crossing the U.S.-Mexico border.

The Department of Justice sent Abbott a letter Thursday notifying him of the pending legal action, according to CNN, which reported it received a copy of the letter.

In June, Abbott announced the deployment of new marine floating barriers to deter illegal crossings in hotspots along the Rio Grande, with the first 1,000 feet deployed near Eagle Pass. The state also has erected razor wire fencing as part of its Operation Lone Star crackdown on illegal crossings.

"The State of Texas's 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," the letter said.

In response to the lawsuit, Abbott tweeted Friday, "Texas has the sovereign authority to defend our border, under the U.S. Constitution and the Texas Constitution. We have sent the Biden Administration numerous letters detailing our authority, including the one I hand-delivered to President Biden earlier this year."

"The tragic humanitarian crisis on the border was created because of Biden's refusal to secure the border," Abbott continued. "His open border policies encourage migrants to risk their lives crossing illegally through the Rio Grande, instead of safely and legally over a bridge.

"Texas is stepping up to address this crisis. We will continue to deploy every strategy to protect Texans and Americans — and the migrants risking their lives. We will see you in court, Mr. President."

The state is already being sued over the barrier by a kayaking business in Eagle Pass claiming Abbott doesn't have the authority to install the buoys, and the buoys are harming the business owner's livelihood and the river's ecosystem, KENS-TV reported on July 13.

Mexico also sent a diplomatic letter to the Biden administration on July 14 regarding the buoys. The letter, sent by Foreign Affairs Secretary Alicia Bárcena, claims the buoys and razor wire fencing might "obstruct and deflect the normal and flood flows of the Rio Grande, which is made worse by the debris trapped in the razor wire fence, especially if it is dragged downstream by a flood."

Mexico also claims the buoy barriers violates Article 17 of the 1944 International Water Treaty, and Article IV B (1) of the 1970 Boundary Treaty.

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The Biden administration has notified Texas Gov. Greg Abbott that it plans to sue the state because it placed a 1,000-foot-long barrier of buoys in the Rio Grande River to stem the flow of illegal immigrants crossing the U.S.-Mexico border.
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Friday, 21 July 2023 05:21 PM
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