Texas authorities arrested migrants at Shelby Park in Eagle Pass, signaling that the State’s attorney general declined to comply with a Biden administration’s demand to stop blocking U.S. Border Patrol agents from the site.
Under Abbott’s authority
Chris Olivarez posted photos on X confirming the news of the arrests in a caption, “Under the authority of Governor Greg Abbott’s Border Disaster Declaration, Texas Department of Public Safety Troopers are arresting illegal immigrants for criminal trespass at #ShelbyPark in Eagle Pass.”
Operation Lone Star
Olivarez added, “Troopers are enforcing criminal trespass on single adult men & women. The State of #Texas will maintain a proactive posture in curbing illegal border crossings between the ports of entry.”
Texas took control of the border
These were the first official arrests since Texas authorities took over the control of the border a week earlier. Lt. Olivarez said that families were not arrested but were moved to U.S. Border Patrol.
The move comes after months of tension
The Department of Homeland Security sent a “cease-and-desist” letter on January 14 following the death of two children and one woman on the border. DHS said the State’s actions “have impeded operations” and were “unconstitutional” and warned it would “refer the matter to the Department of Justice for appropriate action and consider all other options available to restore Border Patrol’s access to the border.”
Danger to life
“Texas’s failure to provide access to the border persists even in instances of imminent danger to life and safety,” Department of Homeland Security General Counsel Jonathan Meyer said in a letter, adding, “Texas has demonstrated that even in the most exigent circumstances, it will not allow Border Patrol access to the border to conduct law enforcement and emergency response activities.
Asking for SCOTUS to step in
The Biden administration requested SCOTUS to step in, citing in a filing that the drownings “underscore that Texas is firm in its continued efforts to exercise complete control of the border and land … and to block Border Patrol’s access to the border even in emergency circumstances.”
Further investigation
The Biden administration, in the latest filing to the Supreme Court, has acknowledged that three migrants who drowned died before Border Patrol agents sought access to the Shelby Park area from Texas officials. Still, the two people were left in “distress.”
Abbott reacted
The Texas governor wrote on X, “Biden was clearly wrong to blame Texas for deaths in the Rio Grande.” He continued, “As a federal judge already ruled, Biden & DHS “create a perverse incentive” for migrants to make dangerous illegal crossings. Biden is to blame for drownings.”
“Texas will not surrender”
Texas Attorney General Ken Paxton responded, “Texas has lawyers, too, and I will continue to stand up for this State’s constitutional powers of self-defense. Instead of running to the U.S. Department of Justice in hopes of winning an injunction, you should advise your clients at DHS to do their job and follow the law.”
Wasting time and resources
Paxton added, “The U.S. Department of Homeland Security (DHS) should stop wasting scarce time and resources suing Texas and start enforcing the immigration laws Congress already has on the books.” On the website, Paxton wrote, “Texas will not surrender.”
Morales weighs in
Eddie Morales Jr, a state representative, reminded that House Republicans control the House, adding, “If they were truly interested in solving this issue, they would fast track a border immigration and a border security bill by tomorrow.”
More courts involved
The 5th U.S. Circuit Court of Appeals confirmed it would rehear a case in which it had initially court’s lower court’s order mandating the State of Texas to remove its floating barriers from the Rio Grande that drew a backlash from Mexican officials.
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