The US Department of Justice filed a lawsuit on Monday asking the court to order the state of Texas to remove the floating barriers it put into place in the Rio Grande on the state’s border with Mexico.
The nine-page lawsuit, which was filed in a federal district court in Austin, Texas, notes state officials are required to request and obtain permission from the federal government before building barriers in the river. The suit also asks the court to block Texas from erecting additional barriers.
“We allege that Texas has flouted federal law by installing a barrier in the Rio Grande without obtaining the required federal authorization,” Associate Attorney General Vanita Gupta said in a statement. “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 US foreign policy.”
Mexico complained that the border broke treaties related to structures and the obstruction of water flow in the Rio Grande, and has asked they be removed.
The Biden administration said last week that Texas could avoid a lawsuit by removing the buoys, but Texas Governor Greg Abbott proved defiant in his response.
“Texas will see you in court, Mr. President,” Abbott wrote in a response letter to President Joe Biden.
The barriers are part of a multimillion-dollar initiative in Texas known as Operation Lone Star which used the governor’s controversial state of disaster declaration issued in response to increased immigration at the border.
Abbott argued in his letter and previous correspondence to Biden that the federal government violated Article IV of the Constitution, which mandates the federal government protect the states from “invasion.”
The Texas Department of Public Safety said it is investigating the complaint but denied troopers were ordered to withhold water from migrants or push them back into the river.
Meanwhile, illegal border crossings dropped in June compared to previous months, with border patrol agents apprehending under 200,000 migrants for the first time in three months. While federal figures indicate June was still higher than the same month a year ago, the number of apprehensions dropped 14% compared to May 2023.