AUSTIN, Texas — A federal judge in Austin is set to hear arguments over buoys in the Rio Grande on Tuesday morning.
The floating barriers first appeared in July in an attempt to stop illegal crossings at the border. However, the Justice Department wants them removed.
RELATED: A judge will consider if Texas can keep its floating barrier to block migrants crossing from Mexico
The hearing will take place at 9 a.m. in a Federal courtroom in Austin.
A judge will review whether or not to halt the state’s latest border security initiative. This comes after the Department of Justice filed a lawsuit last month. It’s over a barrier of buoys installed along the river near the Texas-Mexico border.
The DOJ argues the buoys were installed without authorization and that they obstruct U.S. waters. But Governor Abbott says he has soverign authority to do what’s necessary to secure the border.
It was just earlier this month when Mexican authorities found two migrants who drowned near the floating barriers. Abbott cited a U.S. treaty with Mexico that justifies the use of these buoys.
"That treaty specifically references buoys as a device that can be allowed in these waters in between the United States and Mexico and so it's highly recognized that buoys were acceptable," said Gov. Greg Abbott.
The hearing comes a day after Abbott led other Republican governors on a tour of the border, where he denounced the Federal Government’s postion on immigration while praising Operation Lone Star.
That hearing is set for 9 a.m.
We will keep you updated as we learn more.