The U.S. Department of Justice on Monday made good on its vow to sue Texas over the buoy barrier that it placed in the Rio Grande, near Eagle Pass, in order to stop migrants from crossing the river.

What You Need To Know

  • The Department of Justice on Monday sued Texas and Gov. Greg Abbott over the buoy barrier the state placed in the Rio Grande to deter migrant crossings

  • The lawsuit asks a court to force Texas to remove a roughly 1,000-foot line of bright orange, wrecking ball-sized buoys that the Biden administration says raises humanitarian and environmental concerns

  • Abbott earlier in the day sent a letter to President Joe Biden defending the barrier and telling him "Texas will see you in court" 

  • The state deployed the buoys without notifying the International Boundary and Water Commission or the U.S. Army Corps of Engineers

The complaint names the state of Texas and Gov. Greg Abbott as defendants and asks a court to force the state to remove the nearly 1000-foot floating barrier from the river as well as all related infrastructure.

The lawsuit claims Texas installed the barrier without authorization from the U.S. Army Corps of Engineers.

“Because Texas installed the Floating Barrier without seeking the Corps’ authorization, the Corps and other relevant federal agencies were deprived of the opportunity to evaluate risks the barrier poses to public safety and the environment, mitigate those risks as necessary through the permitting process, and otherwise evaluate whether the project is in the public interest,” the complaint reads.

The DOJ further said that the barrier presents safety concerns.

“We allege that Texas has flouted federal law by installing a barrier in the Rio Grande without obtaining the required federal authorization,” said Associate Attorney General Vanita Gupta.  “This floating barrier poses threats to navigation and public safety and presents humanitarian concerns.  Additionally, the presence of the floating barrier has prompted diplomatic protests by Mexico and risks damaging U.S. foreign policy.”

The lawsuit comes after the Justice Department sent a letter to Abbott on Thursday warning him of a lawsuit.

Abbott has remained defiant, however, earlier on Monday sending a letter to President Joe Biden defending the barrier and placing the onus of border security on the president.

“President Biden's Dept. of Justice threatened to sue Texas over the marine barriers we deployed on the Rio Grande. Mr. President, Texas will see you in court,” Abbott wrote on Twitter. “Texas will fully utilize our sovereign authority to deal with the humanitarian crisis Biden created at our border.”

The state deployed the buoys without notifying the International Boundary and Water Commission or the U.S. Army Corps of Engineers. Mexico’s secretary of state asked the federal government to intervene, saying the barrier violates international treaties.

The buoys are the latest escalation of Texas’ border security operation that also includes razor-wire fencing, arresting migrants on trespassing charges and sending busloads of asylum-seekers to Democratic-led cities in other states.