The Department of Justice (DOJ) filed a motion for a preliminary injunction against Texas on Wednesday regarding the state's river barriers on the Rio Grande.
The DOJ, which seeks to have the river barriers removed within 10 days at Texas' expense, filed the injunction as the case is being litigated. It is a proposed order that is within the judge's power to accept or reject.
The order would prevent Texas officials from adding any additional structures onto the Rio Grande without permission from the United States Army Corps of Engineers. The Army would also coordinate with the state to remove the barrier within 10 days, if the proposed injunction is accepted.
The DOJ has lambasted the Lone Star State for the floating buoy barrier, arguing that it obstructs navigation and is unsafe for both migrants and the environment.
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"The Floating Barrier also causes imminent irreparable harm because it obstructs lateral navigation across the Rio Grande for hundreds of yards along the river’s length," the DOJ argued in the proposed injunction. It also added that the government of Mexico disapproves of the structure.
"Mexico has specifically asserted that Texas’ actions contravene various treaty obligations and has raised humanitarian concerns regarding possible loss of life to persons swimming in the Rio Grande," the proposed injunction added.
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The barrier was installed in July as part of Abbott's Operation Lone Star, which was designed to mitigate the broader crisis. Abbott had announced plans for the barrier in June.
Texas officials have stood by their belief that the barrier discourages migrants from crossing the Rio Grande, which is inherently dangerous.
"Anytime they get in that water, it’s a risk to the migrants," Texas Department of Public Safety director Steve McCraw previously argued. "This is the deterrent from even coming in the water."
Abbott spokesperson Renae Eze told Fox News Digital that the governor's team is fighting the DOJ's proposal.
"We will fight this case all the way to the United States Supreme Court to protect Texas' constitutional authority to deny illegal entry into our state," Eze said.
