The Biden administration has demanded the state of Texas relinquish control of a 2.5-mile strip of land on the border and grant federal agents access following a Supreme Court decision that gave Border Patrol agents to slash state-installed razor wire.
The Department of Homeland Security sent Attorney General Ken Paxton (R-TX) a letter Tuesday obtained by the Washington Examiner in which General Counsel Jonathan Meyer called out the state for its inaction after the highest court rescinded an appeal court injunction and allowed federal police to cut down razor wire fencing in Eagle Pass in order to rescue and apprehend illegal immigrants as they cross the Rio Grande.
“The state has alleged that Shelby Park is open to the public, but we do not believe this statement is
accurate,” Meyer said. “To our knowledge, Texas has only permitted access to Shelby Park by allowing public entry for a memorial, the media, and use of the golf course adjacent to Shelby Park, all while continuing to restrict U.S. Border Patrol’s access to the park.”
Meyer said the Supreme Court decision allowed federal law enforcement not only to cut wire at the border but to be present on the border, the latter of which has not been possible since the Texas National Guard commandeered the 2.5-mile strip of city land and locked out all federal employees on Jan. 10.
“As you are aware, yesterday, the Supreme Court vacated the injunction prohibiting the Department from cutting or moving the concertina wire that Texas had placed along the border except in case of
emergency, and restored the Department’s right to cut and move the concertina wire placed by Texas in
order to perform their statutory duties,” Meyer wrote. “The Department must also have the ability to access the border in the Shelby Park area that is currently obstructed by Texas.”
Washington Examiner obtained letter from Department of Homeland Security to Texas Attorney General Ken Paxt… by web-producers on Scribd
But despite the court’s decision, Texas National Guard soldiers reaffirmed the state’s position Tuesday. Soldiers in Eagle Pass installed more razor wire at the river and laid out more fencing and concertina wire despite the rain that swept through the region Tuesday, according to video.
The DHS maintained in its letter that it had the upper ground in terms of legal ground that allowed its personnel to be on city land along the border. It cited the U.S. Code, in which the department acquired permanent real estate interests in and around Eagle Pass in 2008 to build border wall barriers in the vicinity.
“Because the Department owns property rights to the areas depicted on the attached map, we demand that you immediately remove any and all obstructions on it,” Meyer said.
Border Patrol still has limited access to a boat ramp within Shelby Park despite the state’s initial concession earlier in the land seizure to let agents load and unload a boat into the river. Meyer called for full access to the boat ramp and river.
The Biden administration had threatened Gov. Greg Abbott (R-TX) with legal action on Jan. 14 if Texas did not relinquish control of land, but has not followed up with a lawsuit.
“We demand that Texas cease and desist its efforts to block Border Patrol’s access in and around the Shelby Park area and remove all barriers to access in the Shelby Park area,” Meyer told Paxton in the letter.
“If you have not confirmed by the end of day on January 17, 2024, that Texas will cease and desist 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,” the Biden administration official warned.
Abbott and Paxton did not respond to the Washington Examiner’s requests for comments Tuesday.
The Texas Military Department also did not respond but issued a statement Tuesday afternoon that said its soldiers continued “to hold the line in Shelby Park to deter and prevent unlawful entry into the State of Texas.”
“We remain resolute in our actions to secure our border, preserve the rule of law, and protect the sovereignty of our State,” said the TMD.
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The showdown between state and federal leaders comes 12 days after three immigrants drowned attempting to wade across the river from Mexico on Jan. 12. Border Patrol officials in Eagle Pass were alerted to immigrants who had drowned and two others in distress and attempted to respond but were denied access at a gate into the state-seized land.
The state has taken issue with Border Patrol cutting its wire on the basis that the wire would deter and prevent more illegal immigration. Federal law enforcement agents are required to arrest anyone who has illegally entered the country or is illegally present, including those who cross the river and are blocked from continuing up the riverbank by the razor wire.
