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DHS Files With SCOTUS After Texas Seizes Park

park
Texas National Guard denies Border Patrol access to Shelby Park | Image by Chuck Callesto/Twitter

The U.S. Department of Homeland Security made an emergency filing with the Supreme Court to request that it block Texas from taking over operations at the border in the Eagle Pass area.

Social media strategist Chuck Callesto posted on X, the social media platform formerly known as Twitter, that the filing was made overnight in response to the state’s decision to deny federal officials access to Shelby Park in Eagle Pass.

The filing states that “the Texas National Guard has now blocked Border Patrol’s access to the area,” which it claims has “effectively prevented Border Patrol from monitoring the border to determine whether a migrant requires … emergency aid.”

“Texas’s new actions since the government’s filing demonstrate an escalation of the State’s measures to block Border Patrol’s ability to patrol or even to surveil the border and be in a position to respond to emergencies,” the filing continues.

Eagle Pass Mayor Rolando Salinas held a press conference Thursday morning that was meant to address the state’s operation, claiming that he was “surprised as to this decision.”

“Like I said, it’s not the city of Eagle Pass’ decision. They just took it upon themselves, and they instituted this operation. So, how do I feel about them doing this? I think I’ve voiced that we’re not in agreement,” he said.

Ali Bradley, a NewsNation correspondent, reported Thursday afternoon that the state “seized all city property along the riverfront at the border in the Eagle Pass area under [the] governor’s emergency powers, including federal processing locations and equipment.”

“All access to the property is limited to state authority only. Border Patrol will be permitted to enter the property to remove their equipment and supplies — Agents will not have access to the area unless there is a medical emergency,” she continued in the post.

A statement from the Texas Military Department, obtained by Fox News correspondent Bill Melugin, confirmed that the Texas National Guard has seized Shelby Park due to the federal government’s decision to “perpetuate illegal crossings.”

“The Texas National Guard has maintained a presence with security points and temporary barriers in Shelby Park since 2021. The current posture is to prepare for future illegal immigrant surges and to restrict access to organizations that perpetuate illegal immigrant crossings in the park and greater Eagle Pass area,” reads the statement.

Chuck Callesto posted a video Friday morning that presumably showed two border patrol cars attempting to enter the park but being turned away by Texas National Guard soldiers at the entrance.

Bradley noted in her initial report about the seizure that the current plan is to charge unlawful migrants who cross into the country with criminal trespass, which is a Class B misdemeanor resulting in a fine of up to $2,000 or a jail term of 180 days, according to attorney Samuel Gardner.

This charge can be increased to a Class A misdemeanor if the arrested person is on farmland or within 100 feet of a freshwater area, resulting in a fine of up to $4,000 or a jail sentence that could be up to a year long.

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