Texas installed a new marine barrier of buoys last month in the Rio Grande River in Eagle Pass as part of its border security mission, Operation Lone Star.
According to the brief, "Plaintiffs seek to permanently enjoin the Defendants from utilizing and/or enforcing OLS in the State of Texas and permanently enjoin Defendants from installing buoys in the Rio Grande River." At the heart of the lawsuit is whether Gov. Greg Abbott can use the Disaster Act of 1975 as the basis to enact border security measures.
As part of an ongoing effort to secure the border and prevent illegal entry between ports of entry on state land, Abbott announced a marine barrier was being installed to secure the border "At the border." Laredo-based attorney Carlos Evaristo Flores sued on behalf of Eagle Pass business owner Jessie Fuentes, owner of Epi's Canoe and Kayak Team.
In response to the buoy lawsuit, Abbott tweeted, "We will see you in court. And don't think the Travis Co. Court will be the end of it. This is going to the Supreme Court. Texas has a constitutional right to secure our border." His response to the DOJ lawsuit was similar, arguing Texas has a right to defend its border.
One year previous, they and other judges issued disaster declarations, citing the border crisis.
The Disaster Act, in part, defines disaster as an "Imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or manmade cause, other public calamity requiring emergency action." Flores argues the statute "Cannot be used to regulate the Texas-Mexico border because none of its definitions address immigrants, the border or crimes committed by immigrants." He also argues the Disaster Act doesn't authorize Texas to "Secure the border, to prevent, detect, and interdict transnational criminal behavior between ports of entry," to apprehend hundreds of thousands of illegal foreign nationals or bus anyone to sanctuary cities.
State agencies involved in OLS are also acting outside of the Texas Administrative Procedures Act, he argues, because the act doesn't allow Texas to create its own border patrol or border wall policy.
https://www.thecentersquare.com/texas/article_2a382972-3249-11ee-af50-535a763db020.html
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