Governor Abbott Faces Lawsuit Over Proposed ‘Floating Wall’ on Rio Grande
SAN ANTONIO, Texas – The introduction of a ‘floating wall’ along the Rio Grande by the Greg Abbott administration has hit a roadblock, as a lawsuit has been filed against the governor by Jessie F. Fuentes, owner of the Epi’s Canoe and Kayak Team business in Eagle Pass. Fuentes argues that Abbott lacks the authority to construct the barrier and that it could cause financial harm to his company.
The civil lawsuit, filed in Travis County, claims that Abbott has no legal basis, whether at the state or federal level, to build the floating wall. Carlos Flores, one of the lawyers representing Fuentes, stated that there is currently no court order prohibiting the construction, but that there must be an official decision for the wall to be halted.
The proposed barrier is comprised of floating buoys, with the initial installation spanning a thousand feet and a depth of 4 to 6 feet in different areas. Abbott has stated that the wall would be erected in locations with higher levels of immigrant crossings.
As of July 7, construction materials and buoys have begun to arrive in the Eagle Pass border area. Despite the lawsuit, the Abbott administration shows no signs of stopping the construction on their own. Flores mentioned that if the wall is built before the court reaches a decision, they would request its dismantling.
The plaintiffs argue that Abbott and the named state officials, including Steve McCraw of the Texas Department of Public Safety, are overstepping their authority by implementing Operation Lone Star under the Texas Disaster Law of 1975.
The lawsuit also refers to the 2012 Supreme Court case, Arizona v. United States, which upheld that immigration laws fall within the federal government’s jurisdiction rather than individual states.
In response to news of the lawsuit, Governor Abbott vowed to fight it, anticipating that the case could escalate to the Texas Supreme Court. He emphasized that Texas has a constitutional right to secure its border.
Fuentes and his legal team, however, contend that Abbott’s actions go against the federal system and insist that a judge should determine the legality of the wall.
The lawsuit could potentially have far-reaching implications, leading to a lengthy legal process and potentially reaching the Texas Supreme Court.
At present, the International Border and Water Commission (IBWC) has not confirmed whether the construction process followed the correct application procedures.
The legal battle will now unfold in court, with both sides presenting their arguments. Fuentes remains confident that the law will prevail as he states, “Next week, we are going to meet in court, and there we are going to give the judge the opportunity to decide what the law is.”
The outcome of this case will determine whether the floating wall of the Rio Grande will indeed be built or halted in its tracks.