DOJ sues Texas and Gov. Greg Abbott over Rio Grande barrier

The Department of Justice sued the state of Texas and Gov. Greg Abbott on Monday for building a floating barrier at the southern border that the state says will deter migrants but that the Biden administration calls a threat to public safety.

The lawsuit, filed in federal court in Austin, alleges that Abbott violated the law by building structures in the Rio Grande River without authorization, creating an obstruction in U.S. waters. The Justice Department is seeking to require Texas officials to remove the barrier at the state’s expense. The suit claims that structures placed in the Rio Grande require approval from the U.S. Army Corps of Engineers and that Texas never sought or received such a permit.

The lawsuit was expected after the Justice Department sent a letter to Abbott last week disclosing its plans to sue the state if Abbott didn’t remove the barricade, which consists of large buoys to deter migrants coming from Mexico. In its letter, the department cited the “unlawful construction of a floating barrier in the Rio Grande River” and asserted that it might impede the federal government’s “official duties.

Abbott said in a letter early Monday that he would not comply with the Justice Department’s request to take down the barricade. The department had given the state until Monday to comply. Earlier this month, Texas set up miles of barriers using barbed wire and buoys in the river near Eagle Pass.

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