A hearing was set for Tuesday, Aug. 22 where a judge will consider whether Texas can keep the floating buoy barrier it constructed in the Rio Grande near Eagle Pass. The Justice Department sued Texas over the barrier, arguing it could impact relations with Mexico.

Both the department and Mexico have expressed concern the buoys could pose humanitarian and environmental risks. It wasn’t clear if U.S. District Judge David Ezra was going to rule on the barrier Tuesday.

The hearing was set to take place just days after Texas repositioned the river buoy barrier closer to the U.S. side of the river. On Monday, Aug. 21, Gov. Greg Abbott (R-TX) said the barrier was moved “out of an abundance of caution” after allegations that the buoys had drifted to the Mexico side.

“I don’t know whether they were true or not,” Gov. Abbott said. His comments Monday came during a visit to Eagle Pass, where he was joined by the following governors:

• Gov. Kim Reynolds (R-IA)
• Gov. Jim Pillen (R-NE)
• Gov. Kevin Stitt (R-OK)
• Gov. Kristi Noem (R-SD)

“We have 14 Governors who are deploying personnel to secure the border that President Biden has abandoned. President Biden is not doing his job, and he is responsible for the largest amount of illegal immigration in the history of the United States and has rolled out a deadly welcome mat with a record number of people dying attempting to cross the border,” Abbott said. “There is a reason the United Nations has named the border between the United States and Mexico the deadliest land border in the entire world. President Biden is responsible for that deadly border, and we’re not going to stand idly by.”

Abbott’s mission to combat the border crisis, known as Operation Lone Star, has faced legal challenges. Four migrant men who were arrested by Texas troopers after crossing the border have sued county officials in the state.

According to the lawsuit, the men remained in a Texas jail for two to six weeks after they should have been released. The lawsuit alleges that instead of being released, the men were transported to federal immigration facilities and sent back to Mexico.