Henry Cuellar pitched adding buoys in Rio Grande to deter migrants years ago

U.S. Rep. Henry Cuellar told the Texas Tribune that his idea to add buoys to the Rio Grande to deter illegal immigration didn't go anywhere at the time because the International Boundary and Water Commission didn’t give the necessary permits. (Credit: Michael Gonzalez for The Texas Tribune)

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WASHINGTON — U.S. Rep. Henry Cuellar is claiming some credit for Texas’ controversial buoys to prevent migrants from crossing the Rio Grande, saying he pitched the idea to Border Patrol years ago.

The conservative Democrat said in a recent interview with Newsweek that he made the pitch to Border Patrol to prevent migrants from claiming asylum by setting foot on U.S. territory.

“I said, if you put a wall in Texas in the river, you're about a quarter mile away. So when somebody crosses and touches the riverbanks, they can claim asylum,” Cuellar told the news magazine.

In a brief interview with The Texas Tribune, Cuellar added that the idea didn’t go anywhere at the time because the International Boundary and Water Commission didn’t give the necessary permits. But he was enthusiastic about an alternative to a land-based border wall in his district.

Gov. Greg Abbott deployed buoys and razor wire on the border last year to deter migrants from crossing the Rio Grande. Dozens of people have died trying to cross the river in recent years. Then-Mexican President Andrés Manuel López Obrador criticized the tactics last year after a body was reported on one of the buoys.

Texas Democrats in Congress, including Cuellar, sent a letter to President Joe Biden urging his administration to investigate Abbott’s actions under Operation Lone Star, including the use of razor wire and buoys on the Rio Grande. The letter asserts the buoys and razor wire are “potentially illegal and may violate multiple bilateral treaties” designating water rights between the United States and Mexico. Every Democrat in Texas’ congressional delegation at the time signed onto the letter.

Cuellar, who has represented the 28th Congressional District since 2005, expressed similar concerns during a press conference in 2023 about Operation Lone Star, where he said the buoys could change the border if there is flooding and that Border Patrol agents have expressed concerns that the razor wire can impede them.

“We need to have border security, but at the same time, we have to respect the rights and the dignity of the migrants who are trying to come into the U.S.,” Cuellar said at the news conference. “One of the things that we’ve asked the state and that I’ve asked the federal government is, are we coordinating with the state, and it looks like the state is going solo on this.”

Speaking with The Texas Tribune, Cuellar said he was not opposed to the use of buoys, but he signed onto the 2023 letter in opposition to the state’s unilateral use of the barriers without working with the federal government. He said he was optimistic the state will work with the incoming administration of President-elect Donald Trump on hardening the border.

Cuellar also said he didn’t want to take credit away from Abbott for deploying the buoys.

“I’m not taking anything from Governor Abbott,” Cuellar said. “I congratulate him.”

Cuellar is among the most conservative Democrats in Congress and has occasionally crossed over to support Republican efforts on border security. He helped launch a Democratic task force on border security earlier this year.

He has recently shown openness to working with Trump’s administration, saying he saw opportunities for “common ground” with Tom Homan, Trump’s border czar. Homan served as director of Immigration and Customs Enforcement during Trump’s first term. The pair plans to meet sometime next week. Cuellar said he could see an agreement with the Trump administration on working with Mexico to keep migrants from reaching the U.S. border.

Cuellar remains politically battered, reeling from a federal indictment charging him with bribery, money laundering and working on behalf of the Azerbaijani government and a Mexican bank. He has denied the allegations and won reelection in November by 5.6 percentage points. He won reelection in 2022 by more than 10 points.

Republicans declined to heavily fund a challenge against Cuellar this year despite the indictment, which came out after the first round of the district’s Republican primary. But South Texas remains a major target for the party, and national Republicans have telegraphed they are keeping their sights on the district in the future.

Cuellar’s trial is set to begin next spring in Houston, in which more details of his alleged criminal activity are expected to be aired out. He is charged with accepting nearly $600,000 in bribes to advance the interests of Azerbaijan’s oil and gas sector and the business interests of Banco Azteca. He is accused of setting up money-laundering schemes to conceal the bribes with the help of his wife, Imelda. Cuellar said his behavior was in line with other members of Congress.