“We will see you in court, Mr. President.”
In the DOJ’s letter, the government claims:
The floating barrier at issue here is a structure that obstructs the navigable capacity of the Rio Grande River, which is a navigable water of the United States within the meaning of the Rivers and Harbors Act. Texas does not have authorization from the Corps to install the floating barrier and did not seek such authorization before doing so.
Texas’s unauthorized construction of the floating barrier is a prima facie violation of the Rivers and Harbors Act. This floating barrier poses a risk to navigation, as well as public safety, in the Rio Grande River, and it presents humanitarian concerns. The letter gives the State of Texas until 2 p.m. on July 24 to respond “indicating your commitment to expeditiously remove the floating barrier and related structures.” The DOJ claims it will take legal action if this demand is unmet.
Governor Abbott responded, “We will continue to deploy every strategy to protect Texans and Americans — and the migrants risking their lives.”
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