Texas Gov. Greg Abbott has no plans to take down a floating barrier his government installed in the Rio Grande, defying a federal order and setting up a showdown in court.
“President Biden’s Dept. of Justice threatened to sue Texas over the marine barriers we deployed on the Rio Grande,” Abbott tweeted Monday. “Mr. President, Texas will see you in court.”
The barrier stretches 1,000 feet along the Rio Grande near Eagle Pass, Texas, a popular spot for attempted border crossings. It consists of wrecking ball-sized buoys designed to prevent people from wading across.
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In early July, before the floating barricade was installed, four people drowned in the Rio Grande attempting to cross the border near Eagle Pass.
In the ensuing days, Texas National Guard troops were also ordered to push people back into the river and deny access to drinking water despite temperatures climbing into the 100s in July, according to multiple reports.
Last week, the Department of Justice told Texas to remove the floating barrier. The barrier itself was illegal, the feds said, as it overstepped federal authority to control the nation’s borders.
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The law “prohibits the creation of any obstruction to the navigable capacity of waters of the United States, and further prohibits building any structure in such waters without authorization from the United States Army Corps of Engineers,” the Justice Department said.
Abbott in turn cited the Texas state constitution, which gives the governor command of the Texas National Guard and empowers them to secure the state’s borders.
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Biden and Abbott blamed each other for the crisis at the border, rehashing the decades-long fight between Democrats and Republicans about how to handle people arriving in the U.S. hoping for a better life.
“To end the risk that migrants will be harmed crossing the border illegally, you must fully enforce the laws of the United States that prohibit illegal immigration between ports of entry,” Abbott said. “In the meantime, Texas will fully utilize its constitutional authority to deal with the crisis you have caused.”