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DOJ to sue Texas over Gov. Abbott's floating wall, razor wire along the Rio Grande

A Texas trooper talks with migrants as they walk along concertina wire and try to cross the Rio Grande at the Texas-U.S. border in Eagle Pass, on July 6, 2023.
Eric Gay
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AP
A Texas trooper talks with migrants as they walk along concertina wire and try to cross the Rio Grande at the Texas-U.S. border in Eagle Pass , Texas, Thursday, July 6, 2023.

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The Justice Department notified Texas that it plans to file a lawsuit over the latest tactic in Operation Lone Star, Gov. Greg Abbott's controversial border security initiative — a legal challenge welcomed by Abbott.

TPR confirmed on Friday that the Justice Department sent a letter to Abbott's office outlining that Abbott's floating border barrier in the Rio Grande violates federal law, raises humanitarian concerns and is a threat to public safety and the environment.

Border & Immigration Texas Gov. Greg Abbott's floating wall has arrived at the border David Martin Davies

There was also concern that Texas is violating the national sovereignty of Mexico and U.S. treaties with Mexico.

Abbott launched Operation Lone Star in March 2021 in order to stop illegal migration through the Texas border, claiming the Biden administration was not doing enough.

It started with the deployment of thousands of DPS troopers and Texas National Guard members to arrest migrants on state trespassing charges. The Republican governor has since tested the legal limits of a state's ability to enforce immigration policy.

The $4 billion program has been escalated to include high speed pursuits and the installation of miles of razor wire and other obstacles such as train cars along the Rio Grande. Most recently, Abbott installed the floating buoy barrier in the middle of the river in Eagle Pass, the epicenter of Operation Lone Star.

The DOJ lawsuit is seeking to have the floating buoy barrier and razor wire removed from the Rio Grande.

July 20, 2023; Eagle Pass, TX, USA; Migrants breach a section of concertina wire after crossing the Rio Grande River on July 20, 2023, from Piedras Negras, Coahuila, Mexico into Eagle Pass, Texas hoping to seek asylum in the U.S.
Omar Ornelas/USA TODAY NETWORK via Reuters Co
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X02835
July 20, 2023; Eagle Pass, TX, USA; Migrants breach a section of concertina wire after crossing the Rio Grande River on July 20, 2023, from Piedras Negras, Coahuila, Mexico into Eagle Pass, Texas hoping to seek asylum in the U.S.

Abbott and the state are also facing a separate DOJ investigation into an emailfrom a Texas Department of Safety trooper and medic in Eagle Pass that claimed troopers were ordered to push migrants they encounter into the Rio Grande and deny them water in the middle of a heat wave. Abbott denied the allegations.

Eighty-six House Democrats sent a letter to the Biden administration on Friday urging intervention.

"We write to express our profound alarm over border policies instituted by Texas Governor Greg Abbott that are putting asylum-seekers at serious risk of injury and death, interfering with federal immigration enforcement, infringing on private property rights, and violating U.S. treaty commitments with Mexico," said the letter, led by San Antonio Congressman Joaquin Castro. "We urge you to assert your authority over federal immigration policy and foreign relations and investigate and pursue legal action, as appropriate, related to stop Governor Abbott’s dangerous and cruel actions."

Abbott's responded Friday in a tweet that Texas will continue its Operation Lone Star border security tactics and welcomes a court battle with the Biden administration.

“Texas has the sovereign authority to defend our border, under the U.S. Constitution and the Texas Constitution,” Abbott said. "We will continue to deploy every strategy to protect Texans and Americans — and the migrants risking their lives."

He added: “We will see you in court, Mr. President.”

Copyright 2023 Texas Public Radio. To see more, visit Texas Public Radio.

David Martin Davies is a veteran journalist with more than 30 years of experience covering Texas, the border and Mexico.
TPR's News Director Katz leads the organization’s news and journalism efforts, overseeing the newsroom’s day-to-day management and the development of a strategic vision for the news division. He also serves on the organization’s executive leadership team. TPR’s news team currently has 16 staff members, including reporters dedicated to in-depth coverage of subjects including Arts & Culture, Bioscience & Medicine, Education, Technology & Entrepreneurship, Military & Veterans Issues and State Government.