DOJ seeks court order to remove Texas buoy barrier on Rio Grande.
The Department of Justice Seeks Removal of Texas Barrier Along Rio Grande
The Department of Justice has taken legal action to address a contentious issue along the Rio Grande. In a court filing submitted to the U.S. District Court for the Western District of Texas, the DOJ argues that the buoy barrier set up by the state of Texas violates the Rivers and Harbors Act and must be promptly removed.
“This case involves a straightforward violation of the Rivers and Harbors Act (‘RHA’),” the filing states.
“Defendants, Governor Greg Abbott and the State of Texas … have built a large floating barrier in the middle of an international boundary river, the Rio Grande, without federal authorization. The basic facts are clear, and no further inquiry is needed for this Court to grant the United States immediate injunctive relief in this enforcement action,” it adds.
The DOJ emphasizes that the barrier not only infringes upon the Rivers and Harbors Act but also causes “irreparable harm” to the United States, particularly in its relations with Mexico. Removing the barrier is seen as an expression of the U.S.’s sovereign power, which supersedes that of the states.
The Rivers and Harbors Act, enacted in 1899, was designed to prevent obstructions in the nation’s waterways, which were crucial for transportation and trade at the time. It mandated that any obstructions within or along these waterways required approval from the secretary of the Army based on recommendations from the chief of engineers.
The court filing further argues that the waterway where the barrier is situated is under the jurisdiction of federal agencies, including Border Patrol, and that the barrier hampers their essential operations.
Despite the lawsuit, Governor Greg Abbott has remained resolute, publicly informing President Joe Biden that he is prepared to face him in court.
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