Department of Justice plans to sue Texas over floating border wall

The Department of Justice plans to sue the state of Texas over newly installed floating barriers at the border.

Texas’ mission at the border came under fire earlier this week after a trooper reported they were ordered to push asylum seekers back into the Rio Grande.

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There continues to be backlash following claims DPS troopers were allegedly told to push migrants back into the Rio Grande.

State leaders have pushed back on those claims of mistreatment.

Since the start of Operation Lone Star at the border, critics have raised concerns about the state trampling on federal authority, while state leaders have argued it’s necessary because the federal government isn’t doing enough.

That rift could now be sorted out in court.

Hailed by state leaders as a new solution to repel illegal crossings at the border, the fate of the floating barricades in the Rio Grande may be in the hands of the courts.

The Department of Justice notified the state of Texas of its plans to sue in a letter, which reads, in part: "The floating barrier poses a risk to navigation, as well as public safety, in the Rio Grande River, and it presents humanitarian concerns."

The White House foreshadowed the move in its briefing Thursday.

"As it relates to any legal action, that’s something that Department of Justice is going to certainly look into or has to deal with," White House Press Secretary Karine Jean-Pierre said.

The Department of Justice said its suit is based on an 1899 law requiring federal approval prior to construction on U.S. waters.

Texas Governor Greg Abbott is pushing back, writing on Twitter Friday: "Texas has the sovereign authority to defend our border, under the U.S. Constitution and the Texas Constitution."

He also went on to say: "We will see you in court, Mr. President."

The federal action comes after uproar earlier this week, when a trooper raised concerns about treatment of migrants.

DPS has denied there are any orders to withhold water or push migrants back into the river, but launched an internal investigation.

This week, DPS has been releasing videos of troopers helping migrants, like one released Friday of a pregnant woman from Guatemala who had fallen after crossing the river.

It’s worth noting that no lawsuit has been filed yet, and some organizations have also raised possible environmental and business challenges to the floating barriers as well.