By: Qinwei Wu

According to several news sources, including the Houston Chronicle, the U.S. Department of Justice is planning to sue Texas due to the deployment of the floating barrier in Rio Grande. The barrier was used by Governor Greg Abbott to prevent migrants from crossing the river from Mexico to Texas.

On Thursday, July 20th, the Justice Department sent Abbott a letter regarding the barrier. “This floating barrier poses a risk to navigation, as well as public safety, in the Rio Grande River, and it presents humanitarian concerns”, the letter reads. (The entire letter is available on Washington post)

U.S. Attorney for the Western District of Texas Jaime Esparza and Assistant Attorney General Todd Kim wrote that the floating barrier was illegal under the Rivers and Harbors Act, which “prohibits the creation of any obstruction to the navigable capacity of waters of the United States.” They also added that the US Army Corps of Engineers must approve the barrier,

On Friday, July 21st, Abbott tweeted Texas “has the sovereign authority to defend our border, under the U.S. Constitution and the Texas Constitution”, in response to the criticism.

The American Immigration Council’s policy director, Aaron Reichlin-Melnick, responded to Abbott’s tweet, explaining how he was wrong, and that the U.S. Consitution “does not give states the authority to carry out immigration enforcement at the border.”

The U.S. Customs and Border Protection considered floating barriers in 2020 but was scrapped “because of the increased risk of drowning they posed, as well as the dangers they would cause rescuers trying to navigate around them”, added Reichlin-Melnick.

Esparza and Kim gave Abbott until July 24th to remove the buoys and other related barriers he placed on July 12th this year.

The letter added if he did not remove it by July 24th, “the United States intends to file legal action.”

However, Abbott remained firm about the floating barrier, and instead stated that “Texas is stepping up to address this crisis. We will continue to deploy every strategy to protect Texans and Americans — and the migrants risking their lives. We will see you in court, Mr. President.”