Biden DOJ suing Abbott over Texas buoy barrier in border river

AUSTIN, Texas — The Biden administration is planning to sue Gov. Greg Abbott (R-TX) in the coming days over the state's placement of a 1,000-foot-long barrier of floating buoys in the river at the U.S.-Mexico border.

The Justice Department confirmed to the Washington Examiner Friday afternoon that it notified the three-term Republican governor on Thursday of its forthcoming lawsuit regarding the floating wall in Eagle Pass, TX.

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Courtesy image: Gov. Greg Abbott (R-TX)

"The Justice Department sent a letter to the Texas Governor and Attorney General providing notice of our intent to pursue legal action related to unlawful construction of a floating barrier in the Rio Grande River, pursuant to section 10 of the Rivers and Harbors Act, 33 U.S.C. § 403," said DOJ’s Environment and Natural Resources Division spokesman Matthew Nies in an email.

The DOJ added that federal law bars 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."

The legal action came just one day after the White House strongly criticized Texas's border fence but did not call it illegal.

A reporter asked about the fence during the afternoon press briefing and whether it violated any laws, leading to a sharp response from press secretary Karine Jean-Pierre.

"I can't speak to the legal piece of the wires," Jean-Pierre told Dallas Morning News reporter Todd Gillman. "What I can say is that we're going to continue to condemn any actions, these types of actions, that [Abbott] takes. When it comes to treating these immigrants in an inhumane way, that we'll be very clear about."

(AP Photo/Eric Gay)

Abbott announced on June 8 that the state would erect a maritime wall in the coming weeks.

Texas moved forward with the installation in early July despite being sued by an Eagle Pass-based kayak tour company days earlier.

Epi's Canoe and Kayak Team owner Jesse Fuentes sued Abbott over the buoys on the basis that he would be "unable to conduct tours and canoe and kayak sessions in Eagle Pass because of the installation of the buoys" and will sustain "imminent and irreparable harm."

The lawsuit argued that Abbott's use of the Texas Disaster Act was unfounded. Abbott vowed to fight the Biden administration all the way to the highest court.

"We will see you in court," Abbott tweeted on July 7. "And don't think the Travis Co. Court will be the end of it. This is going to the Supreme Court. Texas has a constitutional right to secure our border."

Mexico also filed a complaint over the buoys, citing a violation of a water treaty.

Abbott initially said the barrier would serve as another layer of border security and deter immigrants from crossing in certain areas and funnel people who do cross to other parts of the river where federal and state officials can apprehend them.

"When we're dealing with 100 or 1,000 people, one of the goals is to slow down and deter as many of them as possible," Abbott said on June 8. "Some may eventually get to the border where they are going to face that multilayered razor wire and a full force of National Guard and DPS officers."

The impending lawsuit is not related to separate concerns about a rising number of injuries and deaths of immigrants as a result of attempting to cross the border into Eagle Pass. The state's concertina wire and buoys have made crossing so treacherous that one Texas Department of Public Safety trooper-medic told his superior these border policies "have stepped over the line into the inhumane," according to an email he sent that was obtained by the Washington Examiner.

Eighty House Democrats rallied together on Friday in a united call for the Biden administration to intervene in Abbott's Operation Lone Star border security initiative.

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Locals told the Washington Examiner in June they were optimistic about the idea of a maritime barrier but worried the measure was already too little, too late.

Haisten Willis contributed to this report.