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Why is Gregg Abbott being sued? Texas Governor responds to Biden lawsuit: 'See you in court, Mr. President'

Governor Abbott's response came after the Biden administration threatened to sue the state over the installation of river buoys in the Rio Grande
UPDATED JUL 25, 2023
Texas Governor Gregg Abbott (L) has challenged President Joe Biden in court over a controversial border security measure (Brandon Bell & Anna Moneymaker/Getty Images)
Texas Governor Gregg Abbott (L) has challenged President Joe Biden in court over a controversial border security measure (Brandon Bell & Anna Moneymaker/Getty Images)

AUSTIN, TEXAS: Governor Greg Abbott has firmly defended the legality of the floating barriers recently set up along the US-Mexico border to deter migrant crossings. His response comes after a threat from the Biden administration, which threatened to sue the state over the installation of river buoys in the middle of the Rio Grande.

Why is Gregg Abbott being sued?

The Justice Department notified Governor Abbott and other Texas officials last week that the administration will be filing a lawsuit against the state unless the barriers were removed. The Biden administration argued that the river barriers violated federal navigable waters law, created humanitarian challenges, and hindered federal law enforcement from apprehending migrants.

WASHINGTON, DC - JULY 21: U.S. President Joe Biden arrives to give remarks on Artificial Intelligence in the Roosevelt Room at the White House on July 21, 2023 in Washington, DC. President Biden gave remarks to reporters before a meeting with seven leaders of A.I. companies that Biden said would consist of a discussion of new safeguarding tactics for the developing technology. (Photo by Anna Moneymaker/Getty Images)
President Joe Biden in the Roosevelt Room at the White House on July 21, 2023, in Washington, DC (Photo by Anna Moneymaker/Getty Images)

In a letter addressed to President Biden and other top administration officials on Monday, July 24, Governor Abbott, a Republican, appeared unyielding in his stance, welcoming a legal battle and asserting that Texas was exercising its "constitutional authority" to combat unauthorized border crossings. "Texas will see you in court, Mr. President," Abbott wrote in the letter. Hours after Abbott's response, the Justice Department filed a lawsuit, seeking a court order in Austin to compel state officials to remove the buoys and prevent them from setting up similar structures in the future.

Controversial border initiative

The river barriers installed by Texas as part of Operation Lone Star, the state's broader border initiative, have drawn criticism and controversy. Governor Abbott's initiative has involved busing thousands of migrants to large Democratic-led cities, directing state troopers to arrest migrants on state trespassing charges, and deploying members of the Texas National Guard to repel migrants using razor wire and other means.

EAGLE PASS, TEXAS - JULY 18: Buoy barriers are installed and situated in the middle of the Rio Grande river on July 18, 2023 in Eagle Pass, Texas. Texas has begun installing buoy barriers along portions of the Rio Grande river in an effort to deter illegal border crossings. (Photo by Brandon Bell/Getty Images)
Buoy barriers are installed and situated in the middle of the Rio Grande river on July 18, 2023, in Eagle Pass, Texas. Texas has begun installing buoy barriers along portions of the Rio Grande river in an effort to deter illegal border crossings. (Photo by Brandon Bell/Getty Images)

Recently, a Texas trooper made troubling allegations about the state's operation, detailing reports of migrants, including children and a pregnant woman, being cut by razor wire. The trooper also alleged directives to withhold water from migrants and to push them into the Rio Grande. While Texas officials are investigating these allegations, they have denied any existence of orders to deny migrants water or push them into the river. The same state trooper urged superior officers to remove the floating barriers, arguing that these structures force migrants to cross into the U.S. through dangerous parts of the Rio Grande, increasing the risk of drowning.

Abbott's rebuttal

In his letter on Monday, Governor Abbott refuted the Justice Department's argument that the river buoys violated the Rivers and Harbors Act, but he also highlighted the larger 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," Abbott wrote. The White House has criticized Abbott's actions, calling them "cruel" and counterproductive, asserting that the river barriers have increased the risk of migrants drowning and obstructed Border Patrol agents from patrolling the river. The Justice Department has also been investigating reports of mistreatment of migrants by Texas officials.

AUSTIN, TEXAS - JUNE 08: Texas Gov. Greg Abbott displays a bill he signed at a news conference at the state Capitol on June 08, 2023 in Austin, Texas. Abbott and Texas Department of Public Safety Director Steve McCraw joined bill authors, sponsors, legislators and law enforcement members in the signing of bills aimed at enhancing southern border security. (Photo by Brandon Bell/Getty Images)
Texas Gov. Greg Abbott displays a bill he signed at a news conference at the state Capitol on June 08, 2023, in Austin, Texas (Photo by Brandon Bell/Getty Images)

Governor Abbott responded to these concerns in his letter, acknowledging humanitarian concerns but placing responsibility on the Biden administration's border policies, which he claimed encouraged migrants to risk their lives by crossing illegally through the water instead of safely and legally at a designated port of entry. "While I share the humanitarian concerns noted in your lawyers' letter, Mr. President, your finger points in the wrong direction," Abbott responded. "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."

Reported decline in unlawful entries

The Biden administration has countered Governor Abbott's criticism by pointing to a significant decrease in unlawful entries along the southern border in recent weeks. Border Patrol apprehensions of migrants who entered the US illegally fell below 100,000 in June, marking the lowest level in two years. The administration attributes this decline to its revamped border strategy, combining programs that allow tens of thousands of migrants to enter the US legally with stricter penalties and asylum rules for those who enter unlawfully, CBS News reported.

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