A federal judge on Tuesday will consider whether Texas can maintain a floating barrier on the U.S.-Mexico border as both the Biden administration and Mexico push to overthrow the Republican governor. Greg Abbott’s latest tough move to stop migrants from crossing the border.
The scheduled hearing in Austin comes days after Texas, which built the water barrier on the Rio Grande near the border town of Eagle Pass in July, positioned wrecking ball-sized buoys closer to US soil. Texas is being sued by the Justice Department, which argues the barrier could hurt ties with Mexico and pose humanitarian and environmental risks.
During a drive to Eagle Pass Monday, Abbott said the barrier was moved “out of the utmost caution” following alleged allegations that they had drifted onto the Mexican side of the river.
“I don’t know if they’re true or not,” Abbott said.
It’s not clear when U.S. District Judge David Ezra will rule on the ban.
Meanwhile, Abbott’s sprawling border mission called Operation Lone Star continues to face numerous legal challenges, including a new one filed Monday by four migrants detained by Texas soldiers after crossing the border.
The men include a father and a son. They are among thousands of migrants arrested for trespassing in the state since 2021. Most either had their cases dismissed or pleaded guilty in exchange for time served. However, according to the lawsuit filed by the Texas ACLU and the Texas Fair Defense Project, the plaintiffs stayed in a Texas jail for two to six weeks after they should have been released.
Instead of the sheriff’s office allowing the jails to release the men, the lawsuit alleges they were transported to federal immigration facilities and then shipped to Mexico.
“Also, I think a key point that’s difficult to understand is that the issues flare up in different ways because they build the system over time,” said David Donatti, attorney for the Texas ACLU.
The lawsuit names officials from Kinney and Val Verde counties who work with Abbott’s operations. A Kinney County official said Monday he doesn’t think anyone has yet reviewed the complaint. A Kinney County representative did not immediately respond to an email seeking comment.
The lawsuit also alleges that there were at least 80 other people held longer than permitted by state law from late September 2021 through January 2022.
Abbott was joined at the border Monday by the Republican governors of Iowa, Nebraska, Oklahoma and South Dakota, who have all dispatched their own armed law enforcement and National Guard members to the border.
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