Citing 'humanitarian' concerns, Justice Department threatens to sue over Gov. Greg Abbott's floating barrier

Your Friday headlines, July 21, 2023

(CBSNewsTexas.com) - CBS News Texas has independently received a copy of  a recent letter from the U.S. Department of Justice sent to Texas Governor Greg Abbott saying it intends to file legal actions in order to stop what they consider unlawful activities in the Rio Grande. 

The letter sent to Gov. Abbott on Thursday, July 20 stems from recent criticism over the installation of a floating border wall made up of large buoys installed in the Rio Grande at Eagle Pass. The bright orange buoys are 4 feet in diameter and anchored to the bottom of the waterway.

In the letter, the DOJ referred to the barrier's construction as unlawful, stating: "The State of Texas's 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."

DOJ officials specifically claim the river buoys violate the Rivers and Harbors Act. They go on to say that Texas officials never received authorization from the Department of the Army as is required by law in order to install or construct structures in navigable water of the United States. 

Texas Department of Public Safety officials have long maintained that floating barriers were installed to discourage and deter migrants from trying to cross the Rio Grande illegally. 

In a recent tweet Gov. Abbott stated, "Texas has the sovereign authority to defend our border, under the U.S. Constitution and the Texas Constitution. We have sent the Biden Administration numerous letters detailing our authority, including the one I hand-delivered to President Biden earlier this year."

DOJ officials have issued a 2 p.m. deadline on July 24 for Abbott to confirm he received the letter and his commitment to "expeditiously remove the floating barrier and related structures."

If the terms are not met, the DOJ said they will file legal action.

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