DOJ threatening to sue Texas over Gov. Greg Abbott deploying controversial buoys at the border

Greg Abbott's actions at the Texas border are cruel and inhumane | Priorities: Nathan Johnson for Texas State Senate, District 16

BY Paige Hubbard

PUBLISHED Fri, July 21st 2023, 10:44 PM CDT

CBS Austin

AUSTIN, Texas — The U.S. and Mexico border is once again in the spotlight over border security. The Texas Department of Public Safety tells our sister station in San Antonio, floating barriers in the Rio Grande aren't completely operational as they're still being anchored down.

The barrier is being put up in Eagle Pass and is the latest attempt by Governor Greg Abbott to secure the border. DPS lieutenant Chris Olivarez says the buoys aren't to keep people out of the U.S., they're intended to steer people away from dangerous waters and toward the ports of entry.

Since Governor Greg Abbott announced the buoys would be deployed back in June, there's been growing backlash from Texas lawmakers and human rights organizations like LULAC. Now the federal government is getting involved. The Justice Department is threatening to sue the state of Texas over those floating barriers and is giving Governor Abbott until 1:00 p.m. Monday to remove the barriers to avoid a lawsuit.

The DOJ says the fencing was placed in the Rio Grande without authorization from the U.S. Army Corps of Engineers. In a letter to Greg Abbott, the DOJ says, “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.”

After the DOJ notified Governor Abbott that they plan to take legal action over his actions to deter migrants at the border, he took to Twitter. In one tweet Abbott said Texas has the authority to defend the border under the U.S constitution adding, “We’ll see you in court, Mr. President.”

Andy Hogue is with the Travis County Republican Party. He believes the governor is taking appropriate steps to protect the southern border.

“It's just the Biden administration versus Greg Abbott, democratic versus Republican. Not entirely unexpected. Now keep in mind this is a pilot program. It's not the entirety of the Rio Grande being full of border buoys. This is a small section of the Rio Grande so this is a test balloon to try and see whether this will float,” he said.

In recent weeks there have been allegations of the barrier causing injuries. It’s claimed that a pregnant woman suffered a miscarriage after getting caught in the wire. The Texas DPS tells CBS Austin the office of the inspector general is investigating the allegations.

“If our personnel are doing anything that violates policy, they will be held accountable. There are no orders from the top that prohibit Troopers from giving water to women and children or attending to migrants who need medical attention. Additionally, we can confirm that we do not set “barrel traps” in the river. There are barrels on land wrapped in concertina wire as part of deterrent fortifications. Here is a helpful tweet, and the emails you need are attached,” Texas DPS said.

State Sen. Roland Gutierrez, D-San Antonio is now joining a list of democrats calling for the barriers to be removed. “Greg Abbott, pull these buoys out of the water now. Children are dying. People are getting hurt. By no means should these strategies be considered immigration policy or even border security. We are endangering the lives of not only migrants but law enforcement. This is reckless and cruel, plain and simple,” said Senator Roland Gutierrez.

“This is a dumb policy and we're lying to ourselves to think it’s going to control immigration,” said State Sen. Nathan Johnson.

State Sen. Nathan Johnson, D- Dallas doesn’t agree with recent laws signed by Governor Abbott to strengthen border security. He feels the crisis at the border is one that’s a deeper problem that deserves a smarter and kinder approach. He believes the state should be working to complement work already being done to address the crisis.

“There need to be employment regulations, guest worker programs, possibly an E verify. There needs to be a better system for processing asylum and better relationships with other nations. All of these things, I think, when combined, just a much more realistic humane approach is going to get us better results,” he said.

Immigration attorney Kate Lincon Goldfinch wants to remind people that the migrants at the border are human beings looking for a better life.

“These are the people who are running away from the criminals. And our laws say that we will give them an orderly way to seek asylum, not that we will drown them in the river with razor wire. That is not in line with what the laws of the United States say. It’s extremely clear that border enforcement is a federal jurisdictional issue. “It’s not acceptable on any front. Humanitarian or legal,” said Lincon Goldfinch.

The Office of the Governor issued a joint statement from Texas Border Czar Mike Banks, Texas Department of Public Safety (DPS) Director Steve McCraw, and Texas Adjutant General Major General Thomas Suelzer. You can find that here.