HOUSTON – The Department of Justice is warning Texas officials that the federal government will sue the state unless it removes large barriers that were set up in the middle of the Rio Grande to keep migrants from entering the United States.
Earlier this week, state lawmakers pressed for accountability after a troubling report from the border alleged inhumane treatment of migrants.
“I think Texas is trying to establish a principal and at least some authority over the border and they can’t just sit by idly as people come into the country or that any sort of federal enforcement. This would be a legal challenge that could go all the way to the Supreme Court,” Josh Blackman, professor at South Texas College of Law Houston, said.
Blackman said Texas has some authority over the Rio Grande, but there are challenges when it comes to immigration.
“There are certain treaties in the federal law of governing crossing that border. The Department of Justice argued that instituting this policy interferes with federal law governing this body of water,” Blackman said.
“We write to inform you … that the United States intends to file legal action in relation to the State of Texas’ unlawful construction of a floating barrier in the Rio Grande River,” the Justice Department said in a letter sent to Abbott’s office on Thursday. The department gave the state until 1 p.m. CT on Monday to avoid legal action by responding with a commitment to remove the barrier.
“The State of Texas’ actions violate federal law, raise humanitarian concerns, present serious risks to public safety and the environment, and may interfere with the federal government’s ability to carry out its official duties,” said the letter, which was signed by Assistant Attorney General Todd Kim and Jaime Esparza, U.S. Attorney for the Western District of Texas.
The letter argues that the floating barrier was deployed without authorization from the U.S. Army Corps of Engineers — which manages the construction of federal public works projects, including bridges and dams — and violates the Rivers and Harbors Act, which prohibits obstructions in U.S. waters.
Abbott released a response on Twitter, addressing President Joe Biden directly.
“We will continue to deploy every strategy to protect Texans and Americans — and the migrants risking their lives,” he wrote. “We will see you in court, Mr. President.”
Blackman said the DOJ will try to seek a preliminary injunction to block the policies. KPRC asked Blackman what changes could be made to resolve issues at the border.
“The balance between the state and the federal government is actually a difficulty question and what roles the states can do to stop people from coming into the state is somewhat open,” he said.