Texas’s floating barrier, placed in the Rio Grande (at an unknown time) by Governor Greg Abbott to hinder immigrants from crossing the border, could be the final trigger for the U.S. Department of Justice to sue the state.
According to the Washington Post, the Department of Justice sent a letter to Governor Abbott, which stated: “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.”
Jaime Esparza, the U.S. Attorney for the Western District of Texas, and Assistant Attorney General Todd Kim explained that the Rivers and Harbors Act (the act that is the “initial authority for the U.S. Army Corps of Engineers (ACOE) regulatory permit program to protect navigable waters in the development of harbors and other construction and excavation.” would be violated due to the border. The two also noted that “the barrier requires authorization from the U.S. Army Corps of Engineers.”
In acknowledgment, Governor Abbott posted on Twitter that Texas “has the sovereign authority to defend our border, under the U.S. Constitution and the Texas Constitution.” He also says that the Biden administration will receive letters detailing the state’s authority.
Other people have reasons against Abbot, though. Aaron Reichlin-Melnick (the American Immigration Policy Council’s policy director) states firmly that the Constitution “does not give states the authority to carry out immigration enforcement at the border.”
Reichlin-Melnick also states that buoys were rejected in 2020 by the U.S. Customs and Border Protection “because of the increased risk of drowning they posed, as well as the dangers they would cause rescuers trying to navigate around them.”
The news of the uncertain trial for Texas first came from the Houston Chronicle, which reported that “troopers at the Texas border were ordered to push children back into the Rio Grande and failed to provide water to asylum-seekers in extreme heat conditions.” This evidence clashes with the push from Governor Abbott to intensely secure borders.
Another email, disseminated from confidential source documents, described “several situations the trooper had witnessed in Eagle Pass, Texas, where some of Abbott’s most aggressive efforts are being implemented.”
The real question about the barrier is whether it was placed in the Rio Grande on or before the 12th of July. “Thus, we intend to seek appropriate legal remedies, which may include seeking injunctive relief requiring the removal of obstructions or other structures in the Rio Grande River,” the letter from Kim and Esparza states.
Esparza and Kim are giving Abbott until July 24 to respond. If he doesn’t, “the United States intends to file legal action,” the letter states, but Abbott remains firm on his stance.
“Texas is stepping up to address this crisis,” Governor Abbott said. “We will continue to deploy every strategy to protect Texans and Americans— and the migrants risking their lives. We will see you in court, Mr. President.”
With Credits to: U.S. plans to sue Texas over floating barrier in Rio Grande – Los Angeles Times (latimes.com)
According to the Washington Post, the Department of Justice sent a letter to Governor Abbott, which stated: “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.”
Jaime Esparza, the U.S. Attorney for the Western District of Texas, and Assistant Attorney General Todd Kim explained that the Rivers and Harbors Act (the act that is the “initial authority for the U.S. Army Corps of Engineers (ACOE) regulatory permit program to protect navigable waters in the development of harbors and other construction and excavation.” would be violated due to the border. The two also noted that “the barrier requires authorization from the U.S. Army Corps of Engineers.”
In acknowledgment, Governor Abbott posted on Twitter that Texas “has the sovereign authority to defend our border, under the U.S. Constitution and the Texas Constitution.” He also says that the Biden administration will receive letters detailing the state’s authority.
Other people have reasons against Abbot, though. Aaron Reichlin-Melnick (the American Immigration Policy Council’s policy director) states firmly that the Constitution “does not give states the authority to carry out immigration enforcement at the border.”
Reichlin-Melnick also states that buoys were rejected in 2020 by the U.S. Customs and Border Protection “because of the increased risk of drowning they posed, as well as the dangers they would cause rescuers trying to navigate around them.”
The news of the uncertain trial for Texas first came from the Houston Chronicle, which reported that “troopers at the Texas border were ordered to push children back into the Rio Grande and failed to provide water to asylum-seekers in extreme heat conditions.” This evidence clashes with the push from Governor Abbott to intensely secure borders.
Another email, disseminated from confidential source documents, described “several situations the trooper had witnessed in Eagle Pass, Texas, where some of Abbott’s most aggressive efforts are being implemented.”
The real question about the barrier is whether it was placed in the Rio Grande on or before the 12th of July. “Thus, we intend to seek appropriate legal remedies, which may include seeking injunctive relief requiring the removal of obstructions or other structures in the Rio Grande River,” the letter from Kim and Esparza states.
Esparza and Kim are giving Abbott until July 24 to respond. If he doesn’t, “the United States intends to file legal action,” the letter states, but Abbott remains firm on his stance.
“Texas is stepping up to address this crisis,” Governor Abbott said. “We will continue to deploy every strategy to protect Texans and Americans— and the migrants risking their lives. We will see you in court, Mr. President.”
With Credits to: U.S. plans to sue Texas over floating barrier in Rio Grande – Los Angeles Times (latimes.com)
