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DOJ asks judge to force removal of Texas' Rio Grande floating barrier

A worker walks by buoys that were placed in the Rio Grande River in Eagle Pass, Texas earlier this month. On Wednesday, the Justice Department filed a preliminary injunction to force Texas Gov. Greg Abbott to remove the floating barrier because it violates federal law. Photo by Adam Davis/EPA-EFE
1 of 2 | A worker walks by buoys that were placed in the Rio Grande River in Eagle Pass, Texas earlier this month. On Wednesday, the Justice Department filed a preliminary injunction to force Texas Gov. Greg Abbott to remove the floating barrier because it violates federal law. Photo by Adam Davis/EPA-EFE

July 26 (UPI) -- The Justice Department is asking a judge to force Texas Gov. Greg Abbott to remove a floating barrier, installed to deter migrants in the Rio Grande, after suing the state earlier this week.

In a 21-page preliminary injunction filed Wednesday, the federal government argued the floating barrier was unauthorized and has caused international concern after it was installed as part of the Republican governor's border operation.

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"The basic facts are clear, and no further inquiry is needed for this court to grant the United States immediate injunctive relief in this enforcement action," the filing reads.

Attorneys for the Justice Department want Texas to remove the current floating barrier immediately, and to stop installing additional barriers as the case proceeds.

"Texas' construction of the floating barrier has already substantially harmed the United States' foreign relations with Mexico," the Justice Department argued in the filing.

"On numerous occasions since late June, the government of Mexico has lodged protests with the United States, including at the highest diplomatic levels, regarding Texas' deployment of the floating barrier."

According to the court filing, Mexico has told the United States "it may need to rethink and limit its cooperation with the United States going forward" when it comes to Rio Grande water delivery from Mexico.

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The first 1,000 feet of river buoys were installed earlier this month in Eagle Pass, which Texas state officials call "the center of gravity for smuggling."

The barrier is part of Abbott's anti-migrant measures under Operation Lone Star, launched in March 2021 after President Joe Biden took office.

Since the floating barrier was installed, DOJ attorneys have argued it is a violation of federal law, specifically 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 Justice Department said.

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