Trump DOJ Urged to Seize “Golden Opportunity” to End Federal Lawsuit Against Texas Border Buoys
Pressure is mounting on the Department of Justice under the Trump administration to formally settle a contentious lawsuit with the State of Texas regarding the floating marine barriers deployed in the Rio Grande. Wade Miller, a prominent voice on border security issues, has publicly called on the DOJ to utilize this “golden opportunity” to resolve the legal battle that began under the previous administration, marking a potential turning point in federal-state border cooperation.
Deep Search: A Strategic Shift in Legal Posture
The proposed settlement represents more than just a legal dismissal; it signals a fundamental shift in the interpretation of state sovereignty regarding border defense. Legal analysts suggest that a settlement would likely involve the DOJ dropping its claims that Texas violated the Rivers and Harbors Act of 1899. By pivoting from an adversarial stance to a cooperative one, the Trump administration could effectively sanction Texas’s aggressive border enforcement tactics, setting a precedent that states have the authority to erect physical barriers in international waterways when federal border security is deemed insufficient. This move would dismantle the core legal argument of the Biden-era DOJ, which asserted that the federal government holds exclusive jurisdiction over international borders and navigable waters.
Background: Operation Lone Star and the Rio Grande Barrier
The dispute centers on a 1,000-foot string of large, rotating orange buoys installed by Texas Governor Greg Abbott near Eagle Pass in July 2023. This installation was a key component of “Operation Lone Star,” a multi-billion dollar state initiative launched to curb illegal immigration. The Biden administration’s Justice Department sued Texas almost immediately, arguing that the barrier obstructed navigable waters, posed public safety risks, and damaged diplomatic relations with Mexico. A federal appeals court previously ordered the removal of the buoys, a decision Texas had been fighting. However, the political landscape shifted dramatically with the 2025 transition of power, with federal agencies now moving to not only halt opposition to the barriers but actively expand similar floating wall projects along the river.
Objections: Humanitarian and Diplomatic Concerns Persist
Despite the political momentum for a settlement, significant objections remain from human rights organizations and environmental groups. Critics argue that the floating barriers are inhumane, labeling them “death traps” that force migrants into deeper, more dangerous parts of the river, increasing the risk of drowning. Environmentalists have also raised alarms about the impact of the heavy concrete anchors on the river’s ecosystem and flow. Furthermore, the Mexican government has repeatedly lodged diplomatic protests, asserting that the barriers violate international water treaties. Legal experts warn that settling the lawsuit without a court ruling on the merits leaves the question of federal-versus-state jurisdiction over international waterways legally ambiguous, potentially inviting future conflicts.
