Justice Department Sues Texas Over Floating Barrier
The Justice Department has filed a lawsuit against the State of Texas over its installation of a floating barrier in the Rio Grande, aimed at preventing migrants from swimming across the river. The lawsuit argues that the interlocking buoys placed in the river by Texas violate federal law. This legal action represents the first direct challenge by the Biden administration to Governor Greg Abbott’s border security program, Operation Lone Star.
Governor Abbott, who celebrated the installation of the 1,000-foot barrier earlier this month, refused a request from the Justice Department to remove the buoys voluntarily. Instead, he vowed to fight in court to keep them in place, blaming President Biden for the large numbers of migrants crossing the border illegally.
The federal government argues that Texas is in violation of a section of the federal Rivers and Harbors Appropriation Act, which prohibits the placement of structures in waterways without federal approval. The Justice Department is asking the court to compel Texas to remove the barriers already installed and prohibit the installation of any new barriers elsewhere in the river.
In addition to the buoy barrier, there have been concerns raised about other aggressive tactics employed by Texas to block immigrants, including the installation of concertina wire along the banks of the Rio Grande. State police officers have reportedly been shouting at migrants to turn back and, in some cases, refusing to provide water to those who request it.
The lawsuit argues that the floating barrier poses threats to navigation and public safety, as well as presenting humanitarian concerns. The presence of the barrier has also prompted diplomatic protests by Mexico and risks damaging U.S. foreign policy.
The legal fight between the federal government and Texas represents a significant clash over immigration enforcement. Governor Abbott’s Operation Lone Star program, which began over two years ago, has sent thousands of National Guard troops and state police officers to block migrants from crossing into Texas.
While the buoy barriers cover only a small section of the border, their deployment has allowed Governor Abbott to directly challenge President Biden on the issue of border security. The Texas governor, a Republican in his third term, has expressed eagerness to enter a legal fight with the Democratic president over the enforcement of immigration law.
The federal government’s lawsuit focuses on the buoy barriers and federal law surrounding navigable waters, without challenging the other tactics and policies employed by the Abbott administration as part of Operation Lone Star.
How does the N of the Rivers and Harbors Act require authorization from the U.S. Army Corps of Engineers for obstructions placed in navigable waterways?
N of the Rivers and Harbors Act, which requires authorization from the U.S. Army Corps of Engineers for any obstruction placed in navigable waterways. The suit also claims that Texas violated the Clean Water Act by failing to obtain a permit for the barrier.
In response, Texas Attorney General Ken Paxton criticized the lawsuit, calling it a “political ploy” by the Biden administration. Paxton defended the state’s actions, stating that Texas has the right to protect its citizens and secure its border.
The floating barrier in question consists of a series of connected buoys designed to create a physical barrier in the Rio Grande, making it more difficult for migrants to swim across the river. According to Governor Abbott, the barrier has already proven effective in deterring illegal border crossings.
This lawsuit between the federal government and Texas comes in the midst of a growing immigration crisis at the southern border. The Biden administration has been grappling with a surge in migrant arrivals, with record numbers of undocumented individuals attempting to enter the United States.
The outcome of this legal battle will have significant implications for border security and immigration policies in the country. As the case unfolds, it will shed light on the extent of states’ powers in addressing immigration issues and the authority of the federal government in enforcing federal laws.
