Texas Gov. Greg Abbott now faces a court battle with the White House over his controversial — and some argue inhumane — installation of buoys and razor wire in the Rio Grande River.
Last week, the U.S. The Justice Department gave Abbott until 1 p.m. Monday to remove the "obstructions or other structures" he ordered installed in the river to deter border crossers. In its letter, the DOJ said Texas had violated the River and Harbor Act, calling the buoys a "risk to public safety."
“This floating barrier poses a risk to navigation, as well as public safety, in the Rio Grande River, and it presents humanitarian concerns,” the DOJ wrote in its letter. “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.”
On Monday afternoon, after Abbott refused to remove the objects, the DOJ followed through on its threat, filing a nine-page lawsuit in Austin federal district court. The petition argues that Texas failed to get federal permission before building its buoy barrier in the Rio Grande — a violation of the law.
“Additionally, the presence of the floating barrier has prompted diplomatic protests by Mexico and risks damaging U.S. foreign policy,” the petition said.
The suit followed a response letter dated Monday from Abbott in which the Republican governor brushed off the feds' threat. In it, he struck a familiar refrain from his 2022 gubernatorial campaign: that President Joe Biden had failed to secure the border.
“To end the risk that migrants will be harmed crossing the border illegally, you must fully enforce the laws of the United States that prohibit illegal immigration between ports of entry,” Abbott responded. “In the meantime, Texas will fully utilize its constitutional authority to deal with the crisis you have caused. Texas will see you in court, Mr. President.”
Despite Abbott blaming Biden for a “crisis” at the border, illegal crossings have dwindled in recent months, dropping 70% between the end of Title 42 and June 6, according to the Department of Homeland Security.
The Justice Department's ultimatum for Abbott to remove the buoys and razor wire followed a disturbing Hearst Newspapers report alleging mistreatment of migrants as part of Operation Lone Star, Abbott's $4.4 billion immigration crackdown.
Officials with the Department of Public Safety ordered troopers stationed along the Rio Grande as part of Operation Lone Star to push migrants — some injured by razor wire — back into the river, according to the article, which was based on emails from a department employee.
The report also alleged that state officials ordered DPS personnel not to give detained migrants drinking water, despite the dangerous heat levels that have blanketed the state in recent weeks.
DPS officials and Abbott have disputed the claims in the Hearst report.
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As federal deadline passes, Gov. Greg Abbott refuses to pull buoys out of Rio Grande River
'Texas will see you in court, Mr. President,' Texas Gov. Greg Abbott wrote in response to the DOJ's threat of a lawsuit.
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