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Texas Attorney General Ken Paxton refused the Biden administration's efforts to reclaim control of Shelby Park in Eagle Pass after the drowning of three migrants attempting to cross the border through the Rio Grande over the weekend.
Paxton, in a letter first reported by conservative news outlet The Daily Caller, responded to a Department of Homeland Security (DHS) lawyer who threatened legal action if the state does not remove all barriers blocking access to and allow federal border control agents access to Shelby Park, a stretch of land along the river that has been used as a staging area for migrants and was seized by Texas National Guard (TNG) troops in the border town of Eagle Pass.
"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. 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," Paxton wrote.
He disputed several allegations made by DHS counsel Jonathan E. Meyer in the cease-and-desist letter, dated January 14, including the accusation that TNG troops did not allow border patrol agents into Shelby Park to rescue the migrants on Saturday.
"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 wrote.
Federal agents allegedly told TMD's staff sergeant that officials in Mexico already recovered the migrants' bodies and that the situation "was under control," Paxton said. He also said Meyer's alleged efforts to "blame Texas" for the migrant deaths are "vile," arguing that DHS and Biden Administration policies are "leading migrants to risk their lives, and sometimes lose them, trying to cross the Rio Grande."
Newsweek reached out to Abbott's and Paxton's offices, as well as DHS and DOJ, via email for comment.
Border agents on Saturday noticed six migrants in distress while attempting to cross the U.S.-Mexico border through the Rio Grande and allegedly attempted to enter Shelby Park to help the migrants. Meyer wrote in his letter that Texas officials allegedly refused when Border Patrol requested access to the border.
Three migrants—a woman and two children—drowned.
"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," Meyer wrote. "Texas's actions are clearly unconstitutional and are actively disrupting the federal government's operations."
He warned Paxton that if Texas did not remove barriers around the park and continued to block Border Patrol's access into the park, DHS would turn to the Department of Justice (DOJ) to take further legal action.
"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," Meyer wrote.
The situation has turned attention to Governor Greg Abbott's approach to securing the border.
Abbott has called for stronger border security measures as the United States deals with an influx of migrants. There were more than 2.4 million encounters at the U.S.-Mexico border during the 2023 fiscal year, up from roughly 1.7 million in 2021, according to U.S. Customs and Border Protection data.
The DOJ last week urged the U.S. Supreme Court to intervene on the issue by blocking Texas from preventing border patrol entry into the area, the Associated Press reported.
Abbott, however, maintains that Texas has the authority to control the park.
"Texas has the legal authority to control ingress and egress into any geographic location in the state of Texas," Abbott said during a January 12 press conference. "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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About the writer
Andrew Stanton is a Newsweek weekend reporter based in Maine. His role is reporting on U.S. politics and social issues. ... Read more