The Department of Justice (DOJ) has petitioned the Supreme Court to compel Texas to stop obstructing Border Patrol agents’ access to a section of the U.S.-Mexico border in Eagle Pass after the Texas National Guard seized control days ago.
U.S. Solicitor General Elizabeth Prelogar submitted an emergency application to vacate an injunction pending appeal issued by the court of appeals last month, which barred Border Patrol agents from interfering with around 30 miles of concertina-wire fence near Eagle Pass installed by Texas.
Texas notified Eagle Pass officials on Wednesday about the closure of public access to Shelby Park, where migrants often illegally cross, prompting concerns from Border Patrol about losing access to the site.
The Texas National Guard, in addition to installing new concertina wire barriers along a 2.5-mile stretch of the border, took control of the park. They denied Border Patrol access to the park, which is often used to launch patrol boats and for federal agents to evaluate apprehended migrants.
Texas authorities seized control of the park under a disaster declaration signed by the governor in 2021, which launched Operation Lone Star in response to a spike in illegal immigration blamed on Biden administration policies.
The DOJ’s filing states that the Texas National Guard’s refusal to permit Border Patrol access to Shelby Park and the staging area has significantly impacted their operational capabilities. The closure obstructs federal agents from reaching a larger and more visible crossing area than in the past, according to the DOJ’s filing.
Additionally, it contends that the construction of new fencing has further restricted access to the river, hindering the Border Patrol’s ability to monitor and respond to potential emergencies.
Texas National Guard members, along with their vehicles, are preventing Border Patrol agents from accessing the river, according to the filing. Additionally, a military Humvee has reportedly been deployed to block an access road.
Gov. Greg Abbott, a Republican, has asserted that Texas has the authority to control access to any geographic location in the state. He defended the closure of Shelby Park as a deterrent to the migrants making their way to the border as part of Operation Lone Star.
“That authority is being asserted,” Mr. Abbott said.
He had earlier said that the measures Texas has imposed are to make clear to the “caravans of migrants” moving through Mexico toward the U.S. border that “Texas will be a tough place to cross.”
Eagle Pass Mayor Rolando Salinas has said officials from the Texas DPS informed him on Wednesday morning that state authorities were “taking full control” of the park as part of an operation to combat unprecedented illegal border crossings.
“This is not something that we wanted,” Mr. Salinas said in a video live-streamed from Shelby Park on Facebook. “This is not something that we asked for as a city. I want to make that clear.”
Around 12,000 illegal immigrants flooded Eagle Pass in December, according to officials. While illegal crossings have decreased since then, the mayor revealed on Wednesday that state officials said the new operation at Shelby Park is to prevent future surges.
The state has asserted indefinite control over the park, where temporary barriers have been present since 2021, according to the Texas DPS.
A spokesperson for the governor said on Thursday that the operation represents Texas “holding the line at our southern border” to deter record-high level of illegal immigration “invited by President Biden’s reckless open border policies.”
“Texas will continue to deploy Texas National Guard soldiers, DPS troopers, and more barriers, utilizing every tool and strategy to respond to President Biden’s ongoing border crisis,” Renae Eze said.
Legal disputes between the state and the Biden administration have escalated since 2023, involving measures such as buoys in the international river, the installation of razor wire, and an impending law allowing police to arrest illegal immigrants.
The closure of Shelby Park represents an escalation of the ongoing border enforcement efforts.
