Texas defies federal threat to abandon border area, setting up legal showdown

[BumRushDaShow]

Source: CBS News

Updated on: January 17, 2024 / 5:28 PM EST


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." "Because the facts and law side with Texas, the State will continue utilizing its constitutional authority to defend her territory, and I will continue defending those lawful efforts in court," Paxton wrote.

Read more: https://www.cbsnews.com/news/texas-border-us-mexico-ken-paxton-attorney-general/

[The Magistrate]

1. When It's Sure To Happen Sooner Or Later, Sooner Is Better

Federalize the Texas Guard, give the order to stand aside, mobilize regulars to watch the thing be done.

[bluestarone]

2. Perfect answer!

Do it Joe!

[Irish_Dem]

4. What happens if the Texas Guard refuses to be federalized?

[bluestarone]

6. Well then maybe the FN SC might have to get off their asses and

Get involved? They were requested to intervene last Friday.

[Irish_Dem]

9. Which way will the SC rule? And will Texas adhere to the ruling if not favorable?

[bluestarone]

14. Actually i believe they can only rule ONE way.

The Federal border patrol have FULL control to water access on all streams along our borders. Why this SC is stalling , i don't know. The right way is to rule for border patrol, but hold hearings for now. That's may thoughts. If the chance of a CIVIL WAR isn't enough of a reason, i don't know what is.

[Irish_Dem]

28. The PutinGOP would love a civil war.

Putin wants to balkanize the US, break it up into nation states just like what happened to the USSR.

The GOP wants to break the Federal government and push power to the individual states.
This makes it easier for a fascist takeover when the US is falling apart and greatly divided.

[Polybius]

49. The SC did their job on Monday

Texas still isn't listening. So now what?

[The Magistrate]

7. Then The Fat Is In The Fire, Sir

If the rot has spread that deep, better to debride it before it takes even deeper root and turns septic to the whole.

Yes, civil war is possible.

[Irish_Dem]

8. I was afraid that might be the answer.

That is what it sounds like to me too.

So then we have the National Guard up against the Texas Guard.

[The Magistrate]

16. It Would Be Regulars And Loyal Elements Of The Texas National Guard Against Treasonous Persons

I doubt the federalization order would meet significant defiance, with courts-martial the initial formal step against individuals who did defy it.

But the sooner it is pushed to a head, the less defiance will materialize.


"Mad or sane, rebels must hang. Your Excellency knows this."

[Irish_Dem]

21. I hope you are right.

Maybe it is all bluster, and when push comes to shove, the Texas Guard will back down and comply.

[steelyboo]

22. If he activates them under Title 10 USC, then they are under the President's Command

If they choose to defy orders, then they will be court martialed under Article 94 of the UCMJ. And if they want to fight, it will be the US Regular Army, Army Reserves, AND the other 49 NGs against the Texas Loudmouths.

Worst mistake we ever made as a country was Slavery . . . but IMHO mistake 1a was letting that shitbag state into the Union. The only thing big in Texas is their egos.

[Irish_Dem]

25. Thank you for this information.

So they are automatically federal military under the command of POTUS if nationalized.

So yes refusing orders means court marital.

Yes the South is still fighting the Civil War.
Looks like they will never stop.
They don't want to become part of the US.

[AllaN01Bear]

39. i always thought texas could be made into 4 smaller states . dont know if that could be done but id like to see it so.

[orangecrush]

11. Then court martials

Etc.

[Irish_Dem]

12. Court marital Texas Rangers during an election year?

I know the guard is not the Texas Rangers, but same optics.

[orangecrush]

15. George Wallace

Tried the same shit, didn't work for him.

Also, fuck Chuck Norris.

[Irish_Dem]

17. Of course I have been thinking about JFK right now.

But it was quite different. Alabama was not about to take on JFK or the National Guard.

Texas and Abbott want a fight.

[The Magistrate]

24. They Would Not Be Subject To Court-Martial

They are a state paramilitary body. Members of it who obeyed orders from Abbot to resist U.S. troops would be fought down, and survivors tried in civil courts for the crime of insurrection.

[24601]

33. Texas Rangers are a Division of State Police, which are not National Guard Elements that can be nationalized. In

addition to the National Guard, Texas has the Texas State Guard, which are not supported by federal funds and also are not subject to federalization.

However, should it come to force, the Texas State Guard is completely outgunned by the National Guard and the Regular Army.

[link:https://tmd.texas.gov/from-the-top-organization-of-the-texas-military#:~:text=The%20Texas%20Military%20Forces%20currently,be%20called%20into%20federal%20service.|

[Irish_Dem]

34. Yes I know that.

I was talking about the optics in an election year.

Joe does not want a shoot out between the Texas Guard and National Guard.

I think he is going to let the courts handle the matter.
But probably not court martial.

[Scruffy1]

47. Too much manufactured drama here.

The "Tejano Diablos" or Texass Rangers as I call them are today a state investigative agency who can't be bothered to look at Paxton's corruption. After their unheroic acts of murdering and intimidating Texans of Mexican descent they received too much national attention, but Hollywood and the TV rushed into redeem their reputation.What we really have down here on the border is too many useless National Guardsman being used as political props. All they can really do is stand around for photo ops and do stupid shit like take shots at people on the Mexican side. We also have a big surplus of Highway Patrol who mainly sleep in their cars and motels in order to collect OT. Border crossings have dropped dramatically so we actually closed one of main shelters here in ElPaso. My personal advice to Biden is to keep up the good work. If it's not a big deal in El Paso, why the hell do the talking heads make such a big deal about immigration? I remember a while back they were claiming a big sureg was going to happen. I simply walked across the bridge and took a look and it knew it was bullshit. The press is either too lazy or too bought off to tell the truth.

[moonshinegnomie]

27. They get arrested and face military court martial

I doubt any Texas nat guardsman will take the chance …. And any officer that orders them to ignore it can kiss their career goodbye. BCD discharge which is the same as a felony conviction

[machoneman]

31. Send in the U.S. Army! M-1 tanks, gunships, heavily armed soldiers. Run over the barriers and destroy any and all TX....

....State vehicles in the way. Show them Joe under Executive Orders.

[Irish_Dem]

32. That should go over well in an election year. :(

[Polybius]

41. Not sure how well that would go over with the public

In fact, I honestly have no idea. Will Biden go up 10 points, or drop 10?

[hueymahl]

42. Drop 20

Absolutely terrible idea.

[Irish_Dem]

45. I think Biden will handle this in a measured and smart way.

That does not piss off a big chunk of voters.

[The Grand Illuminist]

54. They will not.

That right there will not only kill Biden's reelection, but his presidency as well. Keep it on the civillian level.

[Polybius]

40. More importantly, who does the public side with?

Texas will put a spin on it that they were attacked by an abusive government. Who's poll numbers go up? Biden or Trump's?

[Irish_Dem]

3. I wonder why Lincoln and JFK are coming to mind right now?

[Polybius]

50. Don't forget Eisenhower

He did it in 1957.

[Irish_Dem]

55. Thanks. Yes I forgot about Gov Faubus needing some help following a Supreme Ct ruling.

Eisenhower sent in the 101st Airborne Division to integrate the Little Rock High school and ensure the safety of all involved.

[brer cat]

5. Paxton and Abbott are going to FAFO imo.

[Irish_Dem]

10. Are Paxton and Abbott trying to set up Joe in an election year?

SOBs are up to something.

[orangecrush]

13. Yeah making it look like

They are seceding from the Union, red meat for their zombie cult.

[brer cat]

18. Good point.

[Irish_Dem]

19. Trying to force Joe into doing something.

But I have confidence in Biden. He has seen dirty tricks before.

[orangecrush]

20. Your analysis

From my time reading your posts, is likely correct.

[Irish_Dem]

23. We can expect some dirty tricks this year from the GOP.

Trump and Putin are desperate. So is the GOP.

My spidey sense got activated on Paxton's recent stunts.
They are goading Biden.

[bluestarone]

26. There is NO DOUBT about this

These fuckers want to take away our democracy, as much as we want to keep it. So ANYTHING could happen. Like i said before, this person here will fight to my last breath for our president, and our democracy!! Hell we may end up with a UNDERGROUND in our own country.

[Irish_Dem]

29. We simply don't know what's gonna happen this year.

It could be wild yes.

[bluestarone]

30. Agree.

I'm just like, we better expect anything though. We have to realize these people are making their largest assault on our country since the Civil War.

[orangecrush]

37. Thanks

That sheds some light.

[Mr.Bill]

35. One thing is certain.

They will lose. And they know it. I'm sure President Biden will approach the matter accordingly.

And if there is another Civil War, this time hang every fucking one of them after they lose.

[moniss]

36. They are having their "show"

just like Wallace at the University of Alabama in 1963.

[moniss]

38. I don't know the lay of the "land"

and shoreline there at that park but if it were me I would be asking the Coast Guard, which does patrol in the Rio Grande, to give me options. I would be for bringing a flotilla of barges, for example, and stationing them so as to be in the river within a few feet of shore for the entire length of the park. Effectively use them to cut off the Texas Guard from access to the river at any point within the length of the park and use those barges as staging and processing platforms for use by the Border Patrol. Then take them to land in another location after processing.

I would also ask my Department Secretaries with authority over federal funding to Texas for projects of any and all things tangential to the rivers, roads etc. to review withholding that funding based on the demonstrated refusal of Texas to comply with federal regulations regarding cooperation. As an additional step I would ask my Secretaries of the various branches of the military to immediately implement plans to restrict all possible enlisted personnel to base. There are 15 military bases in Texas and the spending off base by personnel is a considerable daily amount of business for the surrounding communities. The restriction of personnel would easily cost Texas businesses millions per day and the state of Texas millions in lost sales tax revenue over an extended period of time.

I would ask the military Secretaries to also halt all non-essential construction contractor activity on the bases as well and also restrict civilian employees on the base to only those deemed essential. Those bases generate huge economic impact for the communities and the state and there is no valid reason to continue to have the federal tax dollars flow to a state that refuses to recognize and cooperate with federal authority.

Now having said all of this I know none of it will happen because the feds will take the course of going to the courts for a process to drag on for months and years. Meanwhile the carnage continues. Does anybody in the media even care to try and find out from the Mexican authorities if anybody knows the names of the mother and her two children? Or will it just be on to the next thing and and wait for the next dead bodies? I am tired of seeing pictures of bodies floating up on shore and victims not even shown the humanity of trying to find out who they were so their death at least has the human dignity of using their names.

[hueymahl]

43. It would be helpful if Mexico did their job

And provide service and support to its people.

[moniss]

44. I've not seen an indication if this woman and her children were Mexican or not

but the Central American/South American refugees aren't viable to stay and live in Mexico for several reasons butt mainly because there aren't the jobs available like here. But the real issue here is on our side of the border with a state that feels it doesn't have to comply with the Feds.

[hueymahl]

46. I don't disagree with that

My point is this is a mulit-pronged slow motion humanitarian disaster. Certainly made worse by the Texas Governor, but the underlying issues are not caused by him.

[LeftInTX]

48. They were from Mexico - Saw it on a FB post last night.

[Think. Again.]

52. I believe it was Mexican authorities...

...who put out the initial call for assistance from the Border Patrol to help with rescuing the woman and children who were in trouble.

[bucolic_frolic]

51. I knew a guy from Texas, 45 years ago

I asked, why did you leave Texas? He said if you weren't riding around in limousines you don't want to be in Texas.

He advised Texas considered itself a country, which is what they were before statehood. I'm not familiar with Alamo era very much, but wasn't the US government slow and reluctant to support citizens of the country of Texas against Mexican forces of Santa Ana? I bet this post will get some laughs.

[Think. Again.]

53. Let them have their show...

...Biden should just take very slow, step by step actions, a little a time, meanwhile collecting the names of anyone participating, until they get bored with living in a crowded park.