Texas border dispute with federal government

texas border crisis
The ongoing, unprecedented standoff at the Texas border between state authorities and the federal government persists.

During a conversation, Texas sat down with North Texas immigration attorney Haim Vasquez to discuss the implications of the situation and the potential outcomes that may follow.

“We have never seen the point that we have right now,” declared immigration attorney Haim Vasquez. “We have never seen it before.” “Never to that point to where we have the Texas National Guard, agents from DPS basically blocking the entrance and taking authority or control of the border.”

1. Razor wire was installed along the Texas border in the southern region

The Supreme Court of the United States ruled on Monday that the federal government possesses the jurisdiction to demolish razor wire fencing that Texas had constructed along the southern border. Texas was given until Friday to provide access to Eagle Pass to federal authorities, according to the Department of Homeland Security. On the other hand, Governor Abbott is reiterating his commitment to strengthen state patrols along the border, which will include the installation of more barriers and razor wire.

“We are at a very critical issue right now because we’re testing, really, the essence of the Republic of the United States and whether or not the Supreme Court has authority, whether states have to abide or find a way to interpret it the way that they want,” according to Vasquez.

On Friday, Texas Attorney General Ken Paxton denied the request of the federal government to gain access to the border and asked evidence that the federal government have the jurisdiction to transform a park in Texas into a port of entry.

As far as Vasquez is concerned, we will have to wait and see who takes the next step.

Texas National Guard soldiers stand guard on the banks of the Rio Grande at Shelby Park in Eagle Pas
Texas National Guard soldiers stand guard on the banks of the Rio Grande at Shelby Park in Eagle Pas

“If the federal government backs down from this, they completely will lose the authority they have on Supreme Court precedent,” according to Vasquez.

The position taken by Governor Abbott is supported by twenty-five Republican governors, who believe that the state of Texas possesses the constitutional right to self-defense. In the event that it were necessary, Governor Abbott has expressed his belief that those states would be willing to send troops to the border.

“I think that we have, right now, crossed the line of trying to fix the problem and now they’re making it a political issue,” according to Vasquez.

2. Texas took control of a section of the US-Mexico border, impeding access for federal Border Patrol agents.

Eagle Pass, Texas, has turned into the epicenter of a growing feud between Texas and federal authorities over how to tackle the migrant crisis and who has jurisdiction over that part of the Texas-Mexico border.

On January 10, Texas authorities restricted US Border Patrol agents from a 2.5-mile Eagle Pass area that had experienced an increase in migrant crossings, intensifying the controversy. Shelby Park, a Rio Grande city park, is now blocked in with razor wire and gates, preventing Border Patrol access.

A mother and two children perished in a nearby Rio Grande after the Texas Military Department “seized and secured Shelby Park” on January 12. Texas and US officials are now blaming each other for the catastrophe.

Supreme Court on Monday allowed Border Patrol agents to cut razor wire that Texas installed on the U.S. Mexico border
Supreme Court on Monday allowed Border Patrol agents to cut razor wire that Texas installed on the U.S. Mexico border

Here’s a timeline of the ongoing fracas at Eagle Pass

Wednesday January 10th

According to Robert Danley, lead field coordinator for US Customs and Border Protection in the Del Rio area, the Texas National Guard prevented the Border Patrol from deploying mobile surveillance equipment in Shelby Park at the Texas border. Furthermore, a law enforcement source knowledgeable about the operations informed CNN that Texas began denying Border Patrol access to several miles along the border. Concurrently, state authorities commenced the construction of razor wire, fencing, and gates, effectively closing off access to Shelby Park, a nearby golf course, and a region beneath the port of entry bridge, which federal agents had previously used as a holding area for migrants.

Friday January 12th

Around 9 p.m. CT, a Border Patrol supervisor from the Eagle Pass station learned about three drownings, as reported by Danley in a statement to the US Supreme Court. Additionally, Mexico’s National Institute of Migration informed the supervisor that two other migrants were struggling on the U.S. side of the Rio Grande, near the Shelby Park boat ramp at the Texas border. Danley noted, “Upon arriving at the Shelby Park entrance gate, which was closed, the Acting Border Patrol Supervisor informed three Texas National Guard (TNG) guardsmen through the gate about the earlier drownings and the two migrants in distress on the U.S. side of the river.

Monday January 15th

Border Patrol agents were stopped and questioned by Texas National Guard members on access roads within 2.5 miles. The Biden administration also filed a Supreme Court brief on January 15 documenting the January 12 migrant drownings at the Texas border.

The drownings and Mexican authorities’ rescue of two other migrants on the US side of the Rio Grande were used by the administration to demonstrate Texas’ continued efforts to control the border and land in that area, preventing the Border Patrol from access even in emergencies. US Solicitor General Elizabeth Prelogar noted in the Supreme Court filing that the Border Patrol’s past access to the region, including surveillance trucks, may have changed the conclusion.

Prelogar said the Border Patrol might have taken any means to execute its obligations and work with Mexican authorities on the rescue endeavor. However, Texas’ measures prevented this. These conditions prompted Prelogar to ask the Supreme Court to act.

Monday January 22th

The Supreme Court, with a 5-4 decision, authorized Border Patrol agents to dismantle the razor wire installed by the governor of Texas at the border. Texas had previously filed a lawsuit to prevent Border Patrol agents from cutting the concertina wire, arguing that it unlawfully damaged state property and compromised security. The Department of Homeland Security expressed approval of the Supreme Court’s ruling.

A DHS spokesperson stated, “Enforcing immigration laws is a federal responsibility. The State of Texas has not aided in reducing irregular migration; instead, it has complicated the efforts of frontline personnel to perform their duties and enforce the law at the Texas border.”

The spokesperson added, “We are capable of enforcing our laws while ensuring safety, humanity, and order.”

However, the governor of Texas remained resolute.

Texas border showdown escalates
Texas border showdown escalates

“I am committed to upholding Texas’ constitutional right to secure the border and to stop the Biden Administration from damaging our property.”

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Friday January 26th

The federal government does not have immediate plans for a massive removal of the razor wire in the Eagle Pass area unless the situation changes drastically or unless there’s an emergency, a law enforcement source familiar with operations.

This marks the second ultimatum issued by the Department of Homeland Security to Texas, demanding the state’s compliance in fully reopening the contested sections of Shelby Park area at the Texas border to federal Border Patrol agents.

In a letter addressed to Paxton, DHS General Counsel Jonathan E. Meyer stated, “By January 26, 2024, we request confirmation that the State will grant U.S. Border Patrol the access as previously outlined. Should the State choose to deny the requested access partially, but not entirely, please clearly indicate which specific accesses you intend to restrict.”

The Texas border dispute with the federal government remains a complex and contentious issue. As both sides continue to navigate legal, political, and practical challenges, the impact on local communities, immigration policy, and national security is profound. This ongoing conflict at the Texas border underscores the intricate balance between state and federal authority, highlighting the need for collaborative solutions to address border security and immigration challenges effectively.

You can read more at the Happyinktee blog

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