Texas National Guard Seizes Eagle Pass Park to Stop Illegal Immigration

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by Mish Shedlock, Mish Talk:

Over the objection of the Eagle Pass mayor, governor Abbott seized a public park that borders the Rio Grande river.

National Guard Showdown

In a first of a kind showdown, the New York Post reports Texas Gov. Abbott seizes Eagle Pass border park without warning to combat migrant crisis, mayor claims.

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Texas Gov. Greg Abbott took control of a public park in a border city plagued by illegal immigration without warning on Wednesday, its mayor alleged Thursday.

Eagle Pass Mayor Rolando Salinas said the state seized Shelby Park, erecting fences to keep out citizens — and even federal border agents — without any notice as part of Abbott’s emergency declaration to combat the migrant crisis.

Shelby Park, which abuts the Rio Grande, has been flooded with migrants crossing into Texas via the dangerous river.

“That is not a decision that we agreed to,” Salinas said in an impassioned speech Thursday. “This is not something that we wanted. This is not something that we asked for as a city.”

Texas Blocks Federal Border Agents From Processing Migrants

The showdown is not only with the Eagle Pass mayor. CBS reports Texas blocks federal border agents from processing migrants in Eagle Pass public park

After seizing control of Shelby Park in Eagle Pass, Texas National Guard units deployed by Republican Gov. Greg Abbott have prevented Border Patrol agents from entering the area, the federal officials said. Border Patrol has used the park in recent weeks to hold migrants in an outdoor staging area before they are transported for further processing, including last month, when illegal crossings soared to record levels.

Earlier Thursday, Texas state officials prevented Border Patrol boats from patrolling that area, one of the officials added, requesting anonymity because they were not authorized to talk to the press.

In a filing early Friday with the Supreme Court, the Justice Department described the extraordinary standoff between Texas and the federal government.

“Texas’s new actions,” the Justice Department said, “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.”

Under federal law, Border Patrol has a legal responsibility to process migrants on U.S. soil and determine whether to detain them, transfer them to another agency, deport them or release them into the country, pending a court hearing. The international boundary between the U.S. and Mexico is located in the middle of the Rio Grande in Texas.

US Justice Department Files Suit Against Texas

The Biden administration immediately logged a suit straight to the US Supreme Court, the Department of Homeland Security v. State of Texas.

… Border Patrol learned that Texas National Guard members had begun erecting new concertina wire barriers, adding to others along an approximately 2.5-mile stretch of the border at issue in this case. App., infra, 3a. Texas also erected new fencing, located further inland than the original concertina wire. Ibid. That fencing further restricts Border Patrol’s ability to reach the river in particular areas. The relevant stretch includes the area of Shelby Park, which contains the boat ramp from which Border Patrol routinely launches the patrol boats it uses on this stretch of the Rio Grande.

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. Those actions have also changed the situation on the ground from the account in prior filings in this Court, including Texas’s opposition.

Abbott Statements

“Texas is holding the line at our southern border with miles of additional razor wire and anti-climb barriers to deter and repel the record-high levels of illegal immigration invited by President Biden’s reckless open border policies,” Abbott spokeswoman Renae Eze said in a statement.

“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.”

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