WASHINGTON, D.C. – Today, Rep. Jodey Arrington filed an amicus brief, with 21 Members of Congress – including House Border Security Caucus Co-Chairs Rep. Brian Babin and Rep. Andy Biggs – in opposition to the Biden Department of Justice suing the State of Texas for placing buoy barriers in the Rio Grande River.
“Sovereign states do not have to be passive victims of Biden’s border crisis and a failed federal government. Article IV Section 4 and Article I Section 10 of the Constitution grant Governor Abbott the explicit right to defend the border and protect Texans, and the construction of the buoy barrier is completely within his constitutional power and authority,” said Rep. Arrington. “Biden’s DOJ is stretching far and wide; this time, by using obscure laws and regulations to impede the Governor of Texas from protecting his citizens against the “imminent danger” and “invasion” of drugs and crime pouring into our state by terrorist drug cartels. I’m proud to lead this Amicus Brief in support of the Governor as he stands his ground on the firm foundation of the US Constitution and his sovereign right to secure the southern border and keep Texans safe.”
“Texas has worked tirelessly to fill the void left by this administration and defend us against the invasion taking place at our southern border,”said Congressman Brian Babin (TX-36), House Border Security Caucus Co-Chair. “The Lone Star State has the constitutional right to protect its borders in the wake of the president’s outright refusal to do so, and I fully support that effort.”
“It is the proper role for the courts to constrain the Biden Administration to the statutory limits set by Congress. In this case, the federal government has not offered sufficient evidence to support its injunction motion, which then must be denied,” said Robert Henneke, Executive Director and General Counsel for Texas Public Policy Foundation (TPPF).
“The way the Court decides this motion matters,”said Chance Weldon, Senior Attorney and the Director of Litigation for Center for the American Future at TPPF.“The Rivers and Harbors Act extends federal criminal jurisdiction over ordinary Americans well outside of the politically charged confines of this case. Given these stakes, it is not too much to insist that the federal government put some boots on the ground and collect actual evidence before it can claim jurisdiction.”
Background:
In early July, Texas placed a series of buoys in the Rio Grande River to deter illegal immigrants from crossing the border.
Rep. Arrington as long argued that states have the sovereign right to defend the border when the federal government fails to do so.
For the past two congresses, Arrington has introduced legislation affirming Texas’ right to defend its sovereignty, protect its citizens, and enforce the law.
Last month, Arrington led a press conference with his Texas colleagues emphasizing Texas’ right to protect their border from invasion.
On July 24th, the Biden Administration Department of Justice filed a lawsuit against Texas, claiming Governor Abbott violated federal law by installing the buoys and asked a judge to order the defendants to “promptly remove the unauthorized obstruction.”
The DOJ’s lawsuit cites the Rivers and Harbors Appropriation Act of 1899, which bars the “creation of any obstruction not affirmatively authorized by Congress, to the navigable capacity of any of the waters of the United States,” and claims Governor Abbott failed to obtain a permit through the U.S. Army Corps of Engineers before installing the buoys.
Rep. Arrington’s Amicus Brief outlines the following points:
The federal government is one of limited and enumerated powers. Unlike the states, which have general police powers, the federal government must point to an explicit grant of authority from the Constitution when it chooses to regulate.
The Department of Justice has failed to provide sufficient evidence that the Rivers and Harbors Act explicitly grants the federal government the authority to stop Texas from constructing buoy barriers.
The Department of Justice’s attempt to argue that a decades-old deeming of the Rio Grande River as “navigable” should hold true today is unserious and insufficient.
List of signers: Rep. Jodey Arrington, Dr. Michael Burgess, Rep. August Pfluger, Rep. Brian Babin, Rep. Andy Biggs, Rep. Roger Williams, Rep. Lance Gooden, Rep. Beth Van Duyne, Rep. Jake Ellzey, Rep. Vern Buchanan, Rep. Chip Roy, Rep. Nathaniel Moran, Rep. David Rouzer, Rep. Pete Sessions, Rep. Ronny Jackson, Rep. Sam Graves, Rep. Clay Higgins, Rep. Michael Cloud, Rep. Keith Self, Rep. John Carter, Rep. Jeff Duncan, Rep. Kat Cammack
