Justice Department planning legal action against Texas over floating border barrier

The Justice Department told Texas Thursday that it intends to file legal action against the placement of floating barriers in the Rio Grande as part of the state's operation along the Texas-Mexico border, according to sources familiar and a letter obtained by CNN.

The Justice Department sent the letter to Texas Gov. Greg Abbott Thursday, according to the letter, though there is time for the state to respond.

"The State of Texas's actions violate federal law, raise humanitarian concerns, present serious risks to public safety and the environment, and may interfere with the federal government's ability to carry out its official duties," the letter stated, citing a clause in the law that "prohibits the creation of any obstruction to the navigable capacity of waters of the United States, and further prohibits building any structure in such waters without authorization from the United States Army Corps of Engineers ("Corps")."

This is separate from the ongoing assessment of mistreatment of migrants, which the Justice Department described as "troubling reports."

"Texas has the sovereign authority to defend our border, under the U.S. Constitution and the Texas Constitution," Abbott said on Twitter. "We have sent the Biden Administration numerous letters detailing our authority, including the one I hand-delivered to President Biden earlier this year."

CNN has reached out the Texas Department of Public Safety but has not received a response.

The Justice Department has sued on border-related matters before. Last year, the Justice Department sued Arizona for placing shipping containers along the US southern border - a move taken by then-Republican Gov. Doug Ducey as an affront to Biden's immigration policies. Arizona eventually agreed to remove the containers.