November 6, 2024
The Department of Justice asked a Texas court to order the removal a buoy barrier the state set up along the Rio Grande.

The Department of Justice asked a Texas court to order the removal a buoy barrier the state set up along the Rio Grande.

In a court filing in the U.S. District Court for the Western District of Texas, the DOJ said that the barrier was a clear violation of the Rivers and Harbors Act, so it must be removed immediately.

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“This case involves a straightforward violation of the Rivers and Harbors Act (‘RHA’),” the filing read.

“Defendants, Governor Greg Abbott and the State of Texas … have built a large floating barrier in the middle of an international boundary river, the Rio Grande, without federal authorization. The basic facts are clear, and no further inquiry is needed for this Court to grant the United States immediate injunctive relief in this enforcement action,” it added.

The filing further states that the barrier causes “irreparable harm” to the United States, particularly in its relations with Mexico.

It goes on to say that removing the barrier is the U.S. expressing its sovereign power, which supersedes that of the states.

The RHA, enacted in 1899, was passed “to prevent obstructions in the Nation’s waterways,” which was particularly important at a time when the U.S. heavily relied on its waterways for transportation and trade. It stated that building any obstructions within or along the nation’s waterways had to be approved by the secretary of the Army on plans recommended by the chief of engineers.

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The filing maintains that the waterway where the barrier is located is operated by federal agencies, including Border Patrol, and that the barrier obstructs their vital movement.

Abbott has remained steadfast in the face of the lawsuit, telling President Joe Biden publicly that he would “see you in court.”

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