The DOJ Sues Texas Over the Floating Barriers

AP Photo/Andrew Harnik

Do you know what would be nice? If just for once the people in charge of Biden and all the rest of the Democrat Legion of Destruction would come out and say, “We hate you, we hate America, and we want to destroy you, your family, and everything you love. Then we’ll rebuild what’s left using our socialist playset so we can enjoy looking down at you from our after-party in Aspen while your children fetch us another drink.”

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We all know they are thinking it, and it would be a refreshing change of pace from the usual gibberish and kabuki that passes for White House communications these days. It would not be as entertaining as Karine Jean-Pierre, but then again, what is?

It was with the usual venom that the Department of Justice announced on Monday that it is suing Texas. The issue is the floating barriers placed on the Rio Grande to deter or repel illegal immigrants. That, of course, includes terrorists, possible foreign soldiers, drug dealers, and human traffickers.  Because, as we all know, the administration believes that everyone who crosses our borders without permission is here to start a better life. And they could do it too if it wasn’t for those gosh-darn white supremacists in the Republican Party and their Mighty Mega MAGA accomplices.

For some reason, the DOJ hates the idea of Texas securing its borders. Which is why it filed United States of America v. Greg Abbott, in His Capacity as Governor of the State of Texas, and the State of Texas in the Austin Division of the U.S. District Court. The DOJ is seeking an injunction in the matter. The administration is crying foul over the fact that Texas did not seek permission from the Army Corps of Engineers to install the barriers.

As alleged below, Defendants have built structures in the Rio Grande, a navigable water of the United States, without the Corps’ authorization, in violation of RHA section 10, 33 U.S.C. § 403. These structures include a floating barrier and related infrastructure.

1. The United States brings this civil enforcement action under sections 12 and 17 of the Rivers and Harbors Appropriation Act of 1899 (“RHA” or “Rivers and Harbors Act”), 33 U.S.C. §§ 406 and 413, against Defendants Greg Abbott, in his official capacity as Governor of the State of Texas, and the State of Texas.

2. As alleged below, Defendants have built structures in the Rio Grande, a navigable water of the United States, without the Corps’ authorization, in violation of RHA section 10, 33 U.S.C. § 403. These structures include a floating barrier and related infrastructure.

3. As alleged below, Defendants’ structures also constitute an unauthorized obstruction to the navigable capacity of waters of the United States in violation of RHA section 10, 33 U.S.C. § 403.

4. In this action, the United States seeks: (1) to enjoin the building of structures in navigable waters and the obstruction to the navigable capacity of the waters of the United States in violation of the RHA, 33 U.S.C. § 403; and (2) to require Defendants, at their own expense and cost, to remove all structures and obstructions, including a floating barrier and all infrastructure related to the floating barrier, in the Rio Grande.

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The DOJ is capitalizing on a related case named in the suit, Epi’s Canoe & Kayak Team, LLC v. State of Texas. This suit also involves a demand to remove the barriers.

For his part, Abbott sent Biden a scathing letter in which he asserted the right of Texas to protect its sovereign borders and that he had the barriers installed in his capacity as commander-in-chief of the state militia. Abbot said that Biden had repeatedly violated his constitutional obligation to protect the border. He mentioned the episode in which he handed Biden a letter about the matter on the tarmac in El Paso during a presidential visit, adding:

With all that in mind, your lawyers’ claim that Texas’s floating marine barriers violate Section 10 of the Rivers and Harbors Act misses the mark. In that statute, Congress decreed that “it shall not be lawful to build . . . any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, or other structures in any . . . water of the United States.” 33 U.S.C. § 403. To state the obvious, that statute does not describe any action by the State of Texas.

But Texas’s action is a side issue. The fact is, if you would just enforce the immigration laws Congress already has on the books, America would not be suffering from your record-breaking level of illegal immigration.

While I share the humanitarian concerns noted in your lawyers’ letter, Mr. President, your finger points in the wrong direction. Neither of us wants to see another death in the Rio Grande River. Yet your open-border policies encourage migrants to risk their lives by crossing illegally through the water, instead of safely and legally at a port of entry. Nobody drowns on a bridge.

He concluded by stating that if Biden truly cared about human rights, he would take steps to secure the border, which would benefit everyone.

The truth is that Biden, his handlers, his administration, and his allies and supporters don’t care about human rights. And their plans to remake America and, for that matter, the world are not well-intentioned ideas gone awry. They are the products of hubris, arrogance, and avarice.

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