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Update:
- Texas asked a federal court to dismiss a lawsuit related to its floating barriers, claiming the Rivers and Harbors Appropriation Act of 1899 cited in the claim only applies to persons and corporations, not states.
- The request for dismissal also alleges the federal government failed to show the Rio Grande River is unnavigable in the at-issue section or that the buoy system qualifies as a prohibited obstruction or structure.
- The request also claims a prior Supreme Court ruling in United States v. Cooper Corp. establishes the United States or a sovereign entity would not be considered a person as it applies to a statute.
Texas, Rio Grande barrier lawsuit overview:
- Who: The United States of America filed a lawsuit against Texas and its governor, Greg Abbott.
- Why: The government claims Abbot and Texas broke the law by placing a floating barrier in the Rio Grande as a way to deter migrants from crossing the border into the state.
- Where: The lawsuit was filed in Texas federal court.
(Aug. 1, 2023)
The Department of Justice (DOJ) has filed a lawsuit against Texas and its governor, Greg Abbott, over claims the state violated the law by placing a floating barrier in the Rio Grande to deter migrants.
The DOJ argues Texas’ placement of the floating barrier in the Rio Grande violates the Rivers and Harbors Appropriation Act of 1899 (RHA) by obstructing the navigable capacities of the waters.
“The Floating Barrier is an obstruction to the navigable capacity of the Rio Grande, a navigable water of the United States,” the Rio Grande lawsuit states.
The DOJ claims Texas and Abbott also failed to obtain a permit from the U.S. Army Corps of Engineers or “otherwise obtain the Corps permission” prior to constructing, installing, and placing the floating barrier in the Rio Grande, as required by the RHA.
The government argues that, since Texas allegedly installed the floating barrier without being given authorization to do so, federal agencies were “deprived” of the ability to evaluate risks the barriers posed to public safety and the environment.
Abbott argues Biden administration border policies forced Texas’ hand
Abbott, in a letter written to President Joe Biden in response to the lawsuit, said relaxed border policies on the behalf of the federal government is to blame for migrants attempting to cross into Texas through the Rio Grande.
“Your open-border policies, which have catalyzed an unprecedented crisis of illegal immigration, are the sole cause of Texas having to invoke our constitutional authority to defend ourselves,” Abbott wrote.
The DOJ is requesting Texas be required to, at its own expense, remove all structures and obstructions currently in the Rio Grande, including the floating barrier and all the infrastructure related to it.
Texas has faced other legal challenges recently.
A group of five women who were denied abortions while facing medical crises filed a lawsuit against Texas earlier this year, arguing doctors in the state are hesitant to offer the procedure over uncertainty of what counts as an exception to the state’s abortion ban.
Do you believe Texas should remove the floating barrier it placed in the Rio Grande? Let us know in the comments.
The Texas Rio Grande barrier lawsuit is United States of America v. Abbott, et al., Case No. 1:23-cv-00853, in the U.S. District Court for the Western District of Texas.
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