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AUSTIN (KXAN) — Texas Gov. Greg Abbott filed a 30-page response this week to the federal government seeking a preliminary injunction over the buoys meant to deter migrants from crossing illegally on the Rio Grande River in Eagle Pass.

The Department of Justice sued Abbott last month, claiming the state’s violating the Rivers and Harbors Act.

In response, the Texas Attorney General’s office claimed the buoys were in a section of the Rio Grande not navigable anyway. Attorneys added that if it were, the buoys did not decrease the capacity of the river under the act.

The International Water and Boundary Commission previously warned Texas against deploying the giant buoys before they ever went in the water, while Texas maintained the state has a right to protect its borders.