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TX Border Confrontation With Feds Heats Up

Border Patrol at Eagle Pass September 2023
Border Patrol agents and unlawful migrants in Eagle Pass in September 2023 | Image by Vic Hinterlang/Shutterstock

The confrontation between Texas Department of Public Safety troopers and U.S. Customs and Border Protection agents has rapidly escalated in the last couple of days.

As previously reported by The Dallas Express, Texas seized Shelby Park in Eagle Pass on January 12 in order to better secure its border with Mexico, consequently denying federal agents access to all city property along the riverfront per the emergency powers exercised by Gov. Greg Abbott. The park sits along a 2.5-mile stretch of the Rio Grande and has been the epicenter of unlawful migration into the United States in recent months.

“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,” said the Texas Military Department in a previous statement obtained by Fox News shortly after the seizure.

Texas law enforcement began arresting unlawful migrants earlier this week and charging them with criminal trespass, essentially preventing federal agents from taking the migrants into custody and paroling them into the interior of the United States.

“Texas DPS troopers have started arresting migrants who cross illegally for criminal trespass — I just learned that the troopers and soldiers down here guarding the area are prepared and ready to be arrested if it comes to that — As that could be the next step in this federal fight,” wrote News Nation correspondent Ali Bradley on social media on Friday.

The U.S. Department of Homeland Security issued a cease-and-desist letter demanding Texas officials allow federal agents access to the seized property by January 17, threatening to “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.”

State officials dismissed the demand, and Texas Attorney General Ken Paxton called out the Biden administration’s failures to secure the border, which he said has created a dangerous and costly situation along the southern border.

While tensions between national and state leaders remain high, the Texas Department of Public Safety allowed Border Patrol agents to use a seized boat ramp to launch vessels into the river, however, they are continuing to prevent agents from apprehending unlawful migrants.

The Biden administration has asked the U.S. Supreme Court to weigh in on the legality of Texas’ actions. Relatedly, the Fifth Circuit Court of Appeals recently issued a ruling on whether Texas has the authority to maintain buoys along the Rio Grande meant to prevent unlawful migrants from crossing into the United States. The court ruled in favor of Texas and will allow the barriers to remain until May when it will rehear the case, Politico reported.

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