In a forceful move, the Department of Homeland Security (DHS) has issued an imperative to the state of Texas, demanding access to the U.S.-Mexico border on land seized by Texas in Eagle Pass.
The DHS directive orders Texas to halt its attempts to impede Border Patrol access in and around Shelby Park, setting a deadline of Jan. 17 for the removal of all barriers, reported Breitbart.
DHS General Counsel Jonathan E. Meyer characterized Texas' actions as "clearly unconstitutional" and "actively disrupting" federal operations. The letter demands Texas' compliance.
Meyer argued that Texas's actions have impeded Border Patrol operations, conflicting with federal law, and Texas' actions are preempted under the Supremacy Clause of the Constitution. The use of the term "impeded" raises concerns about potential criminal consequences for state officers following Texas Gov. Greg Abbott's directives.
Citing federal law 18 U.S. Code § 111, which criminalizes the obstruction of federal officers, Breitbart Texas sought clarification from DHS, CBP, and Border Patrol on the term "impeded" and its legal implications; no response was received.
Tensions escalated on Jan. 11 when the Texas Military Department seized Shelby Park, expelling Border Patrol agents, as reported by Breitbart Texas. Texas National Guard units swiftly took control, erecting barriers and instructing Border Patrol agents to vacate the area.
Tragically, the following night, a Mexican migrant woman and two children drowned in the Rio Grande near Shelby Park. Biden administration officials and Rep. Henry Cuellar, D-Texas, attributed the drownings to Abbott's decision to restrict Border Patrol access, an accusation Abbott vehemently denied.
A timeline provided by the Texas Military Department revealed that the Border Patrol's request to enter the park came after the drownings had occurred. The DHS letter, however, persists in asserting that denial of access played a role in the tragic incident.
Meyer's letter, dated Jan. 12, claimed that Texas rebuffed Border Patrol access when informed of migrants attempting to cross the river. Despite subsequent Mexican rescue efforts, three individuals drowned. The letter contends that Texas, even in exigent circumstances, denies Border Patrol access.
Responding to the DHS letter, Abbott criticized President Biden's immigration policies, on X stating, "Biden is doing everything possible to eliminate strategies that actually prevent illegal immigrants from entering our country. Texas will continue to use every tool possible to block illegal immigration."
Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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