Mexican authorities have confirmed the recovery of two bodies from the Rio Grande, reigniting a contentious debate over the floating barriers instigated by Texas to deter border crossings. The bodies, one Mexican and the other Honduran national, were found near and away from buoys implying a concerning pattern of danger in the area. These incidents draw attention back to the floating barrier, currently subject to a litigation involving the US Department of Justice (DOJ) and the state of Texas.
Following the revelation, Mexican President Andres Manuel López Obrador has branded the buoys as “inhumane” and alleged that the installation of the barriers infringes upon Mexico’s sovereignty. The Mexican authorities have advocated their standpoint citing the Water Treaty of 1944 and the Boundary Treaty of 1970, which establish jurisdiction over the waters separating the US and Mexico, including the Rio Grande. These documents outline that any hinderance to the flow of the water, inclusive of barriers, could be perceived as a violation of the treaties.
Furthermore, they assert that the buoys pose a threat to the human rights and safety of migrants attempting to traverse the Rio Grande – a sentiment echoed by Human Rights Watch (HRW) recently.
The Texas Department of Public Safety’s Director, Steve McCraw, and a spokesperson for Governor Greg Abbott, have dismissed connections between the deaths and the buoys. McCraw underlined that “[P]reliminary information suggests [the second discovered body] drowned upstream from the marine barrier and floated into the buoys.”
Complicating matters, the DOJ has lodged a lawsuit against Texas, stating that the state breached the Rivers and Harbors Act by not securing federal authorization prior to the buoys installation. Allegations of potential humanitarian and safety issues surrounding the buoys have also been raised by DOJ. In response, Abbott insists that the buoys will remain and boldly stated: “Mr. President, Texas will see you in court.”
An Abbott representative clarified that Texas border authorities are maintaining vigilance over the buoys for any attempted crossings. To date, no attempts to cross have been observed in the vicinity of the bodies’ discovery.