'We Will See You in Court, Mr. President': Texas Governor Readies for Battle With DOJ over Rio Grande 'Floating Barrier'

Greg Abbott speaks during an anti-abortion rally at the State Capitol in Austin, Texas, July 8, 2013. (Mike Stone/Reuters)

The Department of Justice plans to sue Texas over the state’s construction of floating devices in the Rio Grande River intended to obstruct the path of illegal migrants from easily entering the country from the Southern border.

“We write to inform you…that the United States intends to file [a] legal action in relation to the State of Texas’s unlawful construction of a floating barrier in the Rio Grande River,” Assistant Attorney General Todd Kim and U.S. Attorney Jaime Esparza wrote in a Thursday letter to Governor Greg Abbott and Interim Attorney General Angela Colmenero.

“The State of Texas’s actions violate federal law, raise humanitarian concerns, present serious risks to public safety and the environment, and may interfere with the federal government’s ability to carry out its official duties,” the note, first obtained by NBC News on Friday, stated. If Texas fails to “expeditiously remove” the structure by 2:00 p.m. “the United States intends to file legal action.”

The buoy barrier is roughly 1,000 feet in length, anchored in the river bed, and is situated near the border town of Eagle Pass, Tex., a major crossing point for migrants. According to the DoJ, the construction of the barrier may violate the Rivers and Harbors Act,

Construction on the structure began in early July as part of Abbott’s plan to staunch the flow of illegal migrants, through an initiative known as Operation Lone Star. The Texas legislature has reportedly earmarked almost $10 billion towards the overall initiative.

“Texas has the sovereign authority to defend our border, under the U.S. Constitution and the Texas Constitution,” the governor tweeted on Friday following the news. “We have sent the Biden Administration numerous letters detailing our authority, including the one I hand-delivered to President Biden earlier this year.”

“The tragic humanitarian crisis on the border was created because of Biden’s refusal to secure the border. His open border policies encourage migrants to risk their lives crossing illegally through the Rio Grande, instead of safely and legally over a bridge.”

“Texas is stepping up to address this crisis. We will continue to deploy every strategy to protect Texans and Americans — and the migrants risking their lives. We will see you in court, Mr. President.”