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The Biden Justice Department recently filed a lawsuit against Texas, demanding the removal of a floating barrier on the Rio Grande River. This lawsuit highlights the dangerous hypocrisy of President Joe Biden and his open-borders advisors, who seem to prioritize illegal crossings over human lives. Rather than taking effective steps to close the border and prevent drownings, they would rather see men, women, and children risking their lives in the treacherous waters of the Rio Grande.
The lawsuit, filed on July 24th, argues that the floating barrier violates the Rivers and Harbors Appropriations Act of 1899 because Texas did not obtain permission from the U.S. Army Corps of Engineers to install it.
The floating barrier, located at Eagle Pass, Texas, spans about three football fields and is made up of four-foot diameter buoys that spin to make climbing difficult. Additionally, the barrier has hard plates that prevent swimming underneath. According to Tom Homan, the former Acting Director of U.S. Immigration and Customs Enforcement, this barrier is a “sophisticated apparatus” that has been extensively tested by the U.S. Border Patrol.
Lt. Chris Olivarez of the Texas Department of Public Safety states that this section of the Rio Grande is highly dangerous, and the marine barrier serves to deter unlawful crossings, prevent drownings, and hinder human smugglers. Homan agrees, emphasizing that it discourages vulnerable individuals from attempting to cross the already hazardous river, ultimately saving lives.
JUSTICE DEPARTMENT SUES TEXAS OVER FLOATING BORDER BARRIER
Texas Governor Greg Abbott addresses the grim reality of hundreds of migrants drowning in the Rio Grande River while attempting to cross the border illegally. The floating barrier seeks to prevent such tragedies and combat the brutal human smugglers affiliated with drug cartels. Unfortunately, the Biden administration refuses to support these effective policies.
The basis for the lawsuit is 33 U.S.C. § 403, a federal law that prohibits the creation of obstructions to the navigable capacity of U.S. waters without permission. Governor Abbott argues that Texas has not obstructed the navigable capacity of the Rio Grande, as the floating barrier does not impede boat navigation. It is simply positioned along the Texas shore to prevent individuals from landing on that side of the river.
This lawsuit presents a unique and unprecedented question that hinges on the interpretation of the 1899 statute. Experts will likely disagree on whether the floating buoys fall within the prohibited structures outlined in the law.
From a policy standpoint, the Biden administration’s opposition to the floating barrier is disgraceful. The Justice Department contends that the barrier poses threats to navigation, public safety, and diplomatic relationships with Mexico. However, it poses no threat to navigation and instead serves to prevent drownings in the Rio Grande. Removing the barrier would only result in more lives lost.
Furthermore, prioritizing the protests of a corrupt Mexican government over the safety and security of American citizens is deeply concerning. The Biden administration should focus on enforcing federal immigration laws to prevent migrants from risking their lives and to combat drug trafficking and human trafficking.
Charles “Cully” Stimson is a senior legal fellow in The Heritage Foundation’s Meese Center for Legal and Judicial Studies.
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