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Texas Gov. Greg Abbott’s buoy barrier along the Rio Grande is in jeopardy as the Department of Justice plan to sue.

Abbott announced plans to install the buoys last month to stop illegal river crossings. But the DOJ claims the barrier violates federal law and could pose a safety risk, among other concerns.

Democratic critics say the barrier could cause migrants to drown. But Republicans, like Texas Rep. Tony Gonzales, say migrants have been drowning since long before the buoys were put in place.

Last week, the owner of kayaking company sued the governor, arguing the buoys harm his business. Abbott plans to defend his actions in court and says he will even go to the Supreme Court if he has to.