Texas Attorney General Defies Federal Officials in Border Park Dispute

The attorney general of Texas on Wednesday defied federal officials who demanded state authorities abandon a public park along the U.S.-Mexico border that state National Guard soldiers seized last week, setting up a legal showdown with the Biden administration over the country's immigration policies.

Over the weekend, the Department of Homeland Security called on Texas officials to stop blocking federal Border Patrol from entering Shelby Park in Eagle Pass, an area next to the Rio Grande that the agency had been using to hold and inspect migrants. The department said Texas' move to commandeer the park was obstructing Border Patrol's obligations to apprehend and process migrants.

The top lawyer at DHS, Jonathan Meyer, warned Texas Attorney General Paxton over the weekend that the department would refer the matter to the Justice Department for potential legal action if the state did not relent.

In a scathing response to Meyer on Wednesday, Paxton indicated that Texas would not back down, rejecting the Biden administration's accusation that state's actions were "clearly unconstitutional." 

In response to the controversy surrounding the takeover of Shelby Park by Texas National Guard soldiers, Texas Attorney General Ken Paxton has stated that he will continue to defend the state's constitutional powers of self-defense in court. Paxton argued that the facts and law are on Texas's side, and that the state will utilize its constitutional authority to protect its territory.

Paxton also criticized President Biden for authorizing the Department of Homeland Security to send a threatening letter through its lawyers, instead of addressing Texas's requests for protection. Despite this, Paxton affirmed that Texas has its own lawyers and will continue to stand up for its constitutional powers.

The Justice Department has declined to comment on Paxton's letter.

The seizure of Shelby Park has raised concerns among federal authorities and local officials in Eagle Pass, who claim that they did not approve the takeover of the city park. While Texas argues that the move is intended to deter illegal crossings in the area, the Biden administration contends that it has hindered Border Patrol agents from carrying out their duties, particularly in emergency situations.

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Over the weekend, state officials and a local representative said state troops prevented border agents from providing assistance to a group of migrants in need, resulting in the tragic drowning of a woman and two children who drowned. The state has denied these claims, and in a filing to the Supreme Court, the Department of Justice clarified that the drownings had already occurred when border agents requested permission to enter Shelby Park to aid other distressed migrants. 

However, the Department of Justice suggested that the situation might have unfolded differently if the state had not sealed off Shelby Park.

"It is impossible to determine what could have transpired if border agents had their previous access to the area, including their surveillance trucks that assisted in monitoring the region," stated the Department of Justice on Monday. "Nevertheless, at the very least, the border agents would have had the opportunity to fulfill their responsibilities and support their counterparts in the Mexican government with the rescue mission. Texas prevented that from happening."

While it remains uncertain whether the Department of Justice will take legal action against the state to regain federal control of Shelby Park, it has already informed the Supreme Court about the situation in a case concerning the razor wire that Texas has installed to deter migrant crossings. The Department of Justice is requesting the high court to suspend a lower court ruling that generally prohibits border agents from cutting the wire to process migrants who have already entered American soil.