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DOJ warns Texas Gov. Greg Abbott over anti-migrant buoys in Rio Grande

The Justice Department has sent a letter warning Texas Gov. Greg Abbott that his administration's construction of a floating barrier in the Rio Grande to deter migrants is illegal. File Photo by Trask Smith/UPI
1 of 2 | The Justice Department has sent a letter warning Texas Gov. Greg Abbott that his administration's construction of a floating barrier in the Rio Grande to deter migrants is illegal. File Photo by Trask Smith/UPI | License Photo

July 21 (UPI) -- The Department of Justice has advised Texas Gov. Greg Abbott that the use of migrant-deterring buoys in the Rio Grande is in violation of federal law.

"The United States intends to file legal action in relation to the State of Texas's unlawful construction of a floating barrier in the Rio Grande River. 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," the Justice Department said in its letter that was obtained by ABC News and CNN.

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"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 DOJ said.

"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," Justice officials said.

In June, Abbott announced his Operation Lone Star plan to block migrants from entering Texas.

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"What these buoys will allow us to do is prevent people from even getting to the border," Abbott said.

But an internal Texas Department of Public Safety email -- reported by the Dallas Morning News -- reveals that a state trooper saw a woman trapped on razor wire while having a miscarriage and that he was told to push migrants back into the river.

In response to the Justice Department's letter, Abbott said, "Texas has the sovereign authority to defend our border, under the U.S. Constitution and the Texas Constitution. We have sent the Biden administration numerous letters derailing our authority, including the one I hand-delivered to President Biden earlier this year."

On Friday, more than 80 Democratic lawmakers sent a letter to President Biden, calling on him to investigate Abbott's plans.

"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," the lawmakers said.

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