OPINION:
The Department of Justice and the state of Texas faced off in a preliminary injunction hearing on Tuesday, in which DOJ demanded that Texas remove the marine barrier in the Rio Grande.
While it was clear that there would be pushback from the Biden administration, the hearing sent a clear message to the Lone Star State: This administration is teaming up with Mexico to deny Texas its constitutional authority to defend itself.
Texas is on its own.
Consisting of roughly 1,000 feet, the buoy system’s purpose is to stop the flow of people entering the state illegally and redirect them to safer, legal pathways. This also serves as a deterrent to show that the state of Texas is ready and willing to step in where the federal government failed — by securing the border.
DOJ relied on one of its witnesses, Hillary Quam, the U.S.-Mexico border affairs coordinator for the State Department, to stress the importance of the marine barrier to Mexico. Working out of Oahu, Hawaii, Ms. Quam’s job is to oversee engagement in the southern border region and directly take part in negotiations with Mexico.
She stated that the Mexican Embassy in Washington sent a series of three diplomatic notes to her office since Texas Gov. Greg Abbott announced the marine barrier. The notes expressed Mexico’s concerns over obstruction of the Rio Grande and violations of U.S.-Mexico water treaties.
Also included in these notes was Mexico’s gratitude to the Biden administration for suing Texas, and the demand that the barrier be removed immediately, under the supervision of the International Boundary and Water Commission.
DOJ’s argument relied heavily on this witness expressing just how displeased Mexico is with Texas and that “Mexico does not generally like walls between our two countries.” She made it clear that Mexican President Andres Manuel Lopez Obrador is firm that Mexico will not cooperate or comply with U.S. treaties and agreements so long as Texas has the barrier in place.
Under the Treaty Relating to the Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande, Mexico is obligated to deliver an average of 350,000 acre-feet of water annually over a five-year cycle as its contribution to the Rio Grande’s water supply.
Mexico, however, has consistently delayed fulfilling its water obligation until the end of the five-year cycle, which hinders South Texas farmers’ ability to plan for and grow crops. Since October 2020, Mexico is delinquent on approximately 700,000 acre-feet of water deliveries.
Ms. Quam confirmed that her office has received complaints from Texas landowners and farmers about not receiving enough water from Mexico, per the treaty. She insinuated that while the State Department works to compel Mexico to fulfill its obligation, the barrier is making the negotiations difficult.
After unleashing the worst border crisis in our nation’s history, ceding control of our border to the Mexican cartels, and shattering our asylum system, our president is now letting the leader of one of the most corrupt countries in the world dictate the terms for our government.
The fact is, the Mexican government is not a partner of the United States, no matter how much this administration declares it to be so. The Mexican government and Mexican criminal cartels exist in conscious and willing symbiosis at levels up to and including the Mexican presidency.
Yet the federal government is sending a loud message to Texas that its abusive relationship with Mexico is more important than the safety and security of our great state, which adversely affects the security of the nation itself.
Ms. Quam stated that “Mexico has a sensitivity about sovereignty violations.”
So does the state of Texas. The Mexican state-cartel collusion conducts a deadly export trade, drug trafficking, corruption, and worst of all, human trafficking.
The federal government, which ought to be the first line of defense for our communities against these predations, has effectively abdicated its obligation to do so. Since we cannot trust this administration to do it, Texas must step up with its full constitutional powers brought to bear.
The judge requested that written closing arguments be submitted by Friday afternoon and added he would release his opinion quickly. Though lawyers insisted that this case is about the navigability of the Rio Grande, you can be sure this is a tag-team match: the governments of the United States and Mexico against the state of Texas.
• Selene Rodriguez is assistant director of federal affairs at the Texas Public Policy Foundation.
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