Texas' attorneys argued the river isn't navigable so a judge's early ruling shouldn't apply, but the Justice Department showed that boats regularly travel the waterway.
The state has spent $4 billion on border initiatives in the past two years, including $40 million to bus migrants out of Texas into Democrat-led cities.
The report confirms a ProPublica and Texas Tribune investigation that found the privately built fencing could collapse during major flooding. The federal government resisted making the findings public for more than a year.
By Jeremy Schwartz and Perla Trevizo, The Texas Tribune and ProPublica
Abbott has consolidated power like none before him, at times circumventing the GOP-controlled Legislature and overriding local officials. A flurry of executive measures has solidified his base and raised his national profile.
By Perla Trevizo, The Texas Tribune and ProPublica, and Marilyn W. Thompson, ProPublica