Texas authorities have claimed jurisdiction over nine islands in the Rio Grande, asserting that the state now controls these territories to bolster border security operations.
Mexico Cites 1970 Treaty and IBWC Authority
The move to secure these nine islands, which span approximately 66 acres between Eagle Pass and McAllen, has prompted a formal objection from the Mexican government. According to El País, Mexico has requested that Texas respect the 1970 Boundary Treaty, which stipulates that the international border follows the center of the river’s normal channel. Mexican officials maintain that the International Boundary and Water Commission (IBWC)—the binational body responsible for managing the river—is the sole authority permitted to determine the international border or validate changes to it caused by natural river movement.
General Land Office Defends Preemptive Security Actions
The Texas General Land Office (GLO) contends that its actions are necessary to ensure that the state does not become a safe haven for cartels and smugglers. Texas Land Dawn Buckingham stated that the territory of Texas will not become a safe haven for cartels, human traffickers, smugglers, or other organizations. Univision reported that Texas officials framed the move as a commitment to ensuring the state does not become a safe haven for traffickers.
Legal Scholars Debate State Versus Federal Ownership
Legal scholars and experts are debating the state’s authority to unilaterally claim these lands. Gabriel Eckstein, president of the International Water Law Association, noted that the core issue is not necessarily whether the islands belong to Mexico, but whether they are the property of the U.S. federal government or the state of Texas. Eckstein explained that if an island was part of Texas when it became a state in 1845 and remained U.S. territory under the 1970 treaty, the state might have a claim. However, he cautioned that declaring the islands as having “no dueño” is incorrect, as their status is governed by international treaties.
Rosario Sánchez, director of the non-profit Aguas Binacionales, emphasized that decisions regarding federal waters and boundaries are not a state issue or a state decision. She reiterated that only the IBWC has the mandate to determine the international border and property of the islands.
Precedent Set by 2023 Fronton Island Operation
The current operation follows a similar action taken in 2023, when the Texas GLO declared the 170-acre Fronton Island in Starr County to be state property.
As of now, the decision is under review by the IBWC. This daily attempted to contact the IBWC, both the Mexico and U.S. sections, but did not receive a response as of the publication of this article.
Key Questions Surrounding the Rio Grande Dispute
Does Texas have the legal authority to claim these islands?
Legal experts, such as Gabriel Eckstein, argue that the state’s unilateral claim is complex because the 1970 Boundary Treaty dictates that the IBWC is the only entity authorized to determine international borders and island ownership within the river.
Why is Texas claiming these specific territories?
The Texas General Land Office asserts that these islands were previously considered “no reclamadas o cuya propiedad no se había establecido”, creating security gaps. The state claims that clearing this land is a measure to guarantee that law enforcement can access land owned by Texas and prevent the use of these islands by cartels.
How does this impact the 1970 Boundary Treaty?
The treaty established that the border follows the center of the Rio Grande’s channel. Mexico argues that any work or action intended to be carried out on these islands requires the consideration and approval of both sections of the IBWC, a process in accordance with Article IV of the Treaty.
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