DOJ sues Texas over Rio Grande barrier

The US Department of Justice (DOJ) sued the state of Texas on Monday over its use of floating barriers in the Rio Grande to deter migrants from crossing the southern border.

The nine-page lawsuit filed in the federal District Court in Austin asks the court to compel Texas to remove the floating barriers and stop them from constructing more water barriers.

Republican Governor Greg Abbott said earlier Monday before the suit was filed that he wouldn't order the barriers to be removed in defiance a DOJ request.

The buoys are connected with webbing and anchored to the bottom of the river in the Eagle Pass area, which has seen about 270,000 migrant detentions this fiscal year.

"This floating barrier poses threats to navigation and public safety and presents humanitarian concerns. Additionally, the presence of the floating barrier has prompted diplomatic protests by Mexico and risks damaging U.S. foreign policy," said Associate Attorney General Vanita Gupta in a statement.

The DOJ's legal action over the floating barriers is based on a clause in federal law that "prohibits the creation of any obstruction to the navigable capacity of waters of the United States, and further prohibits building any structure in such waters without authorization from the United States Army Corps of Engineers".

Abbott wrote in a letter to President Joe Biden following a DOJ request on July 21 to remove the barriers that "Texas will fully utilize its constitutional authority to deal with the crisis you have caused''.

The DOJ gave Texas a deadline of Monday at 2 pm ET to commit to the removal of the floating border barriers or face legal action.

Abbott added, "Texas will see you in court, Mr. President."

On Monday, White House press secretary Karine Jean-Pierre repeatedly criticized Abbott for what she called "dangerous and unlawful" actions. "The one person that is sowing chaos is Governor Abbott. That's where he continues to do political stunts in an inhumane way."

Abbott started Operation Lone Star to block migrants from crossing the southern border in March 2021. It has cost the state billions of dollars and has faced criticism from migrant advocates and the Biden administration.

Efforts by Texas state officials to deter illegal crossings along the US-Mexico border have placed migrants, including children, at risk of drowning or being cut by razor wire, a state trooper and a medic said in an internal message this month. The medic's allegations included reports of migrant children and pregnant women being cut by the razor wire assembled by state officials. He also reported concerns about the river barriers forcing migrants to cross the Rio Grande in more dangerous parts of the river, where they could drown.

The Texas Department of Public Safety announced an internal investigation into the allegations and has denied the accounts. In a joint statement with other Texas top officials, Abbott's office said there have been no orders or directions given under Abbott's border initiative that "would compromise the lives of those attempting to cross the border illegally".

Under Abbott's direction, Texas has transported more than 27,000 migrants to Chicago, Denver, Los Angeles, New York City, Philadelphia and Washington DC, to protest "sanctuary city" policies that limit local cooperation with federal deportation agents.

Unlawful crossings along the US-Mexico border have recently plummeted. In June, the number of migrants apprehended by the Border Patrol after crossing the southern border without authorization fell to just under 100,000, a sharp drop from May and the lowest level since the start of Biden's tenure, according to federal statistics.

The decrease in unlawful crossings came after the Biden administration enacted stricter asylum rules for those who enter the country illegally and expanded efforts to direct migrants to programs that allow them to come to the US legally.

Agencies contributed to this story.