The U.S. Department of Justice has made things clear for Texas Governor Greg Abbott: remove the floating barrier in the Rio Grande near Eagle Pass or risk legal action.
The DOJ said the buoy barriers violate the Rivers and Harbors Act, raise humanitarian concerns, and pose serious public safety and environmental risks.
US Assistant Attorney General Todd Kim and US Attorney for the Western District of Texas Jaime Esparza sent the notice to Abbott and Interim Texas Attorney General Angela Colmenero on Thursday.
They warned of ‘prospective filing of legal action regarding unlawful activities in the Rio Grande River.’
Abbott took to Twitter on Friday to defend Texas’s authority to use the barrier.
However, SMU Political Science Professor Cal Jillson told NBC Abbott, who has extensive legal experience as a former judge and attorney general, knows this is a legal battle he will lose.
“The governor has no legal leg to stand on but he’s gaining politically by this argument,” said Jillson. “At some point, Texas will have to remove those obstructions but each day they argue that the federal government is not doing their job and they’re stepping in to protect Texans is a political win among conservatives and Republicans, so he will drag this out as long as possible.”
The warning comes right after concerning allegations brought by a Texas DPS Trooper-turned ‘whistleblower’ who claims receiving orders to force migrants back into the river, witnessing injuries to migrants due to razor wire in the river and along the riverbanks, and denying migrants access water.
The Texas DPS denies the allegations and is investigating the claims.
