Texas National Guard Prevents Federal Agents’ Access to Migrant Holding Area

The Texas National Guard, under Governor Greg Abbott’s orders, has prevented federal Border Patrol agents from accessing a key migrant holding area. 

Texas Blocks CBP Access

Arizona Side Of "The Wall" Between Mexico And The United States
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Texas state officials have obstructed Customs and Border Protection (CBP) officials from accessing and patrolling a park along the United States-Mexico border. 

Control of Shelby Park 

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Shelby Park in Eagle Pass, where the border town is grappling with the nation’s immigration crisis, is now under the control of the Texas National Guard.

Migrant Entry Prevention

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Eagle Pass Mayor Rolando Salinas declared on Wednesday that the Texas Department of Public Safety officials had assumed complete command of the park to prevent migrants from illegally crossing the Rio Grande.

State’s Control Against City’s Wishes

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The state’s actions occurred despite the city’s desire for the state not to assume control of the area, which has historically served as a staging location for authorities.

Emergency Declaration

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Salinas explained that the decision resulted from Governor Abbott’s emergency declaration, which was renewed last month.

Eagle Pass Mayor Disagrees

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“This is not something that we wanted. This is not something that we asked for as a city. I want to make that clear,” Salinas emphasized in a Facebook video.

Abbott Versus Federal Government

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This recent action marks the newest phase in the escalating dispute regarding the border crisis between Governor Abbott’s administration and the federal government.

Law to Detain & Deport Migrants

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In December, Abbott enacted SB4, a law permitting state authorities to detain and deport individuals suspected of illegal border crossings between the United States and Mexico.

 Unauthorized Entry Penalties

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Under this legislation, unauthorized entry into Texas from Mexico is classified as a misdemeanor, with penalties of up to 180 days in jail and a fine of $2,000. Repeat offenses or illegal reentry into Texas would constitute a felony, with potential imprisonment ranging from 2 to 20 years.

Abbott on Texas Border Bill

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At the bill’s signing, Governor Abbott remarked, “Biden’s deliberate inaction has left Texas to fend for itself,” emphasizing that the bill aims to “stop the tidal wave of illegal entry into Texas.”

Legal Challenges Against the Law

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The law is set to become effective in March, but it faces legal challenges that seek to prevent its implementation.

Immigration is a Federal Matter

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The White House has criticized the law, pointing out that immigration enforcement, including decisions on the removal of noncitizens for immigration law violations, is a federal responsibility, not a state matter.

DOJ Highlights Standoff

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The Department of Justice (DOJ) revealed the latest details of the standoff in a Friday Supreme Court filing. The DOJ’s report, backed by local officers’ testimonies and photographs, indicates that Texas is employing armed personnel and barriers to restrict Border Patrol’s access over a 2-mile area of the border.

Installation of Wire Barriers

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According to Solicitor General Elizabeth Prelogar’s filing, shortly after the federal government filed its response in the case against Texas, Border Patrol discovered that members of the Texas National Guard had commenced the installation of new concertina wire barriers.

“Refused to Permit Them” 

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The filing states, “Border Patrol agents in a vehicle towing a boat to launch on the boat ramp requested access to Shelby Park, but the Texas National Guard refused to permit them to access the area.” 

Access Blockage

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It added, “Border Patrol agents likewise requested access to the staging area, and Texas National Guard refused.”

Affects Border Patrol Monitoring

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The Justice Department expressed concern over the Texas National Guard’s actions, noting that they have effectively blocked Border Patrol from monitoring a critical border stretch. 

Obstruction Hinders Migrant Aid

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According to the DOJ, this obstruction impedes its ability to deliver essential aid to migrants.

Biden Administration’s Legal Action

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Earlier this month, the Biden administration appealed to the Supreme Court to intervene against the razor wire barriers installed under Abbott’s directive.

Pledge to Counter Illegal Immigration

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In response, Abbott vowed to continue deploying the National Guard to construct barriers and counter illegal immigration.

Union Backs Abbott

Greg Abott
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Brandon Judd, President of the National Border Patrol Council, supported Governor Abbott’s decision. In a Thursday statement to Fox News, Judd argued that the governor’s actions were not detrimental to operations but instead improving them.

“Force Multiplier”

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Judd said, “His seizing control of Shelby Park allows our agents to deploy to troubled spots that experience high numbers of gotaways. Governor Abbott’s actions should be seen as a force multiplier.”

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