Texas Attorney General Ken Paxton has rejected the Biden administration’s bid to regain control of Shelby Park in Eagle Pass, following the tragic drowning of three migrants who were trying to cross the border via the Rio Grande this past weekend.
Necessary Move?
Paxton, in a letter highlighted by The Daily Caller, addressed a DHS lawyer’s threat of legal action unless Texas removed barriers and granted federal border agents access to Shelby Park.
Eagle Pass Tension
On Wednesday, Texas law enforcement officers took control over Shelby Park, a 47-acre area in Eagle Pass along the Rio Grande, thereby preventing federal Border Patrol agents from accessing the park.
This riverside location, frequently utilized by migrants as a staging area, had recently been occupied by the Texas National Guard in Eagle Pass.
A Battle for Border Authority
“Because the facts and law side with Texas, the State will continue utilizing its constitutional authority to defend her territory, and I will continue defending those lawful efforts in court,” Paxton wrote.
Stop Suing, Start Enforcing
He added in the letter, “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.”
DHS Rescue Claims
In his response, Paxton contested various claims presented by DHS counsel Jonathan E. Meyer in the cease-and-desist letter dated January 14. This includes the charge that Texas National Guard troops barred border patrol agents from entering Shelby Park for a rescue operation on Saturday.
Disputing Claims
“Contrary to your letter, TMD did not prevent U.S. Border Patrol from entering Shelby Park to attempt a water rescue of migrants in distress. The federal agents at the gate did not even have a boat, and they did not request entry based on any medical exigency,” Paxton stated.
Who’s to Blame?
According to Paxton, federal agents conveyed to a TMD staff sergeant that Mexican officials had already recovered the bodies of the migrants, indicating that the situation “was under control.” He also criticized Meyer’s supposed attempts to “blame Texas” for the migrant deaths as “vile.”
Blaming Biden
Paxton argued that the policies of DHS and the Biden Administration are responsible for encouraging migrants to dangerously attempt to cross the Rio Grande, often with fatal outcomes.
Avoidable Tragedy?
On Saturday, border agents observed six migrants struggling while trying to cross the U.S.-Mexico border via the Rio Grande and reportedly sought access to Shelby Park to help them.
Access Denied
Meyer’s letter claims that Texas authorities allegedly denied the Border Patrol’s request for access. Tragically, three migrants—a woman and two children—lost their lives in the incident.
Texas Actions ‘Unconstitutional’
Meyer accused Texas of consistently denying Border Patrol access to the border for law enforcement and emergency response, even in urgent situations. “Texas’s actions are clearly unconstitutional and are actively disrupting the federal government’s operations,” he stated.
DOJ Intervention Looms
Meyer warned Paxton that if Texas continues to obstruct Border Patrol’s entry into the park and fails to remove the barriers, DHS would escalate the issue to the DOJ for further legal action.
Final Warning to Texas?
“If you have not confirmed by the end of day on January 17, 2024, that Texas will cease its efforts to block Border Patrol’s access in and around the Shelby Park area and remove all barriers to access to the U.S.-Mexico border, we will 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,” Meyer wrote.
Border Security Surge
Governor Abbott has been vocal about the need for enhanced border security as the U.S. faces an influx of migrants. The U.S.-Mexico border witnessed over 2.4 million encounters in the fiscal year 2023, a significant increase from around 1.7 million in 2021.
Texas’ Border Strategy
Abbott asserts Texas’ right to manage the park, stating in a January 12 press conference, “Texas has the legal authority to control ingress and egress into any geographic location in the state of Texas, and that authority is being asserted with regards to that park in Eagle Pass, Texas, to maintain operational control of it.”
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