The Justice Department issued a warning to Texas officials, stating that the federal government will take legal action unless the state removes recently installed border barriers in the Rio Grande. The barriers, authorized by Texas Governor Greg Abbott, are considered a violation of federal law and pose risks to navigation, public safety, and the environment. The Justice Department demanded a response from Texas by Monday, giving them an opportunity to hold talks to avoid litigation.
Governor Abbott expressed his determination to protect Texans and migrants, indicating that Texas is prepared to face legal action from the federal government. The barriers have gained national attention, with concerns raised about migrants, including children, being diverted into dangerous parts of the Rio Grande where they are at higher risk of drowning. Internal complaints have also highlighted issues with Texas’ broader border initiative, Operation Lone Star, such as migrants being cut by razor wire and families being pushed back into the river.
According to the Justice Department, Texas should have sought permission from the federal government before installing the barriers, which obstruct the “navigable capacity” of the Rio Grande and violate the Rivers and Harbors Act. The barriers have also interfered with Border Patrol efforts to patrol the river and process migrants who reach U.S. soil, leading to encounters with injured or drowned migrants, including infants.
Once migrants cross the border and reach the U.S. side, federal law requires Border Patrol officials to process them and determine their fate, including potential deportation, transfer to another agency, detention, or release. State officials do not have the authority to enforce these laws. Governor Abbott, known for his dispute with President Biden over border policies, has taken various actions to counter what he considers lax immigration policies, including busing migrants to Democratic-led cities and deploying the Texas National Guard.
Despite predictions of a surge in unauthorized migration after the end of the Title 42 pandemic-era order, unlawful entries along the southern border plunged in June to the lowest levels since the start of the Biden administration. The reduction has been attributed to the Biden administration’s efforts to expand legal pathways for migrants, as well as stricter asylum rules for those who do not apply for these programs.
The White House criticized Governor Abbott’s actions as dangerous and unlawful, undermining border enforcement efforts and endangering both migrants and border agents. The situation continues to develop, and the Justice Department’s warning to Texas signifies the ongoing battle between the federal and state government over immigration policies.
Camilo Montoya-Galvez, the immigration reporter at CBS News, contributed to this article.
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