SE North Carolina News

Water Resources and Environment Subcommittee Chairman David Rouzer and Transportation and Infrastructure Committee Chairman Sam Graves, along with other T&I Committee Republicans, have expressed concerns about the recent lawsuit brought by the U.S. Department of Justice (DOJ) against Governor Greg Abbott and the State of Texas over border security measures. The lawsuit seeks to have marine buoys, installed in the Rio Grande near Eagle Pass, TX, to deter illegal crossings, removed at the state's expense. The T&I Republicans suggest that the DOJ is using the navigational objectives of the Rivers and Harbors Act of 1899 as an excuse to combat Texas' efforts to secure the southern border.

According to the letter written by the Members, the Biden Administration's failure to secure the southern border has led to over 2.2 million encounters as of August 2023. In response, Governor Abbott has taken steps to protect the state's border with Mexico, including the installation of marine buoys in the Rio Grande. The buoys are designed to be humane while deterring illegal crossings into the United States.

The DOJ filed a civil complaint against Governor Abbott and the State of Texas on July 24, 2023, seeking to have the buoys removed. However, the United States Circuit Court of Appeals for the 5th Circuit granted a stay from the injunction, allowing the buoys to remain in place.

The T&I Committee Republicans are concerned that the Biden Administration is weaponizing Section 10 of the Rivers and Harbors Act in their lawsuit. They argue that Section 10 primarily focuses on ensuring navigation for the purposes of interstate commerce and should not be used to bar a state from executing stronger and more robust border security policies. They request more information from the Army and the Corps regarding the decision to bring legal action against the State of Texas and regulatory review of Section 10.

In their letter, the Members state, "It is imperative that we ensure this Administration is not leveraging the navigation regulatory process to distract from its failure to secure our Southern border."

The concerns raised by Rouzer, Graves, and other T&I Committee Republicans highlight the ongoing debate over border security measures and the role of the federal government in addressing the issue. As the case between the DOJ and the State of Texas continues, it remains to be seen how the courts will interpret the application of the Rivers and Harbors Act in this context.

To learn more, click on this link: https://rouzer.house.gov/news/documentsingle.aspx?DocumentID=1067