Biden administration demands that the Texas attorney general give Border Patrol access to a park taken over by Texas

[BumRushDaShow]

Source: NBC News

Jan. 23, 2024, 7:33 PM EST


The Biden administration has demanded that Texas Attorney General Ken Paxton give federal border agents full access to a riverfront park in the border town of Eagle Pass, where state law enforcement officers have been arresting migrants who cross into the U.S., according to a copy of a letter obtained by NBC News.

In the letter, sent Tuesday, the chief lawyer for the Department of Homeland Security asked Paxton to clarify which parts of 47-acre Shelby Park remain accessible or inaccessible to the Border Patrol by Friday.

“The State alleged that Shelby Park is open to the public, but we do not believe this statement is accurate,” said the letter from DHS general counsel Jonathan Meyer. “To our knowledge, Texas has only permitted access to Shelby Park by allowing public entry for a memorial, the media, and the use of the golf course adjacent to Shelby Park, all while continuing to restrict U.S. Border Patrol’s access to the park. Please clarify the scope of access Texas permits to the public.”

On Monday, the Supreme Court delivered a win for the Biden administration in one of its many legal disputes with the state of Texas over immigration, ruling that the Border Patrol be allowed to cut and remove razor wire put in place by Texas along the Rio Grande in Shelby Park and elsewhere to restrict migrants from crossing the river into the U.S.

Read more: https://www.nbcnews.com/politics/immigration/biden-demands-texas-give-border-patrol-access-shelby-park-rcna134795

[brush]

1. This bears watching. Is a confrontation between federal and state forces being set up by Texas?

Here's hoping the secessionists in Texas don't take this too far.

[BumRushDaShow]

2. DHS is legally documenting every step - particularly with this "letter"

We have previously seen states like Alabama attempt to defy the highest Court's orders and then eventually back down.

[Zincwarrior]

10. Your post is helpful

I was wondering why they didn't drive a bunch of Border patrol vehicles in to reclaim it.

[BumRushDaShow]

12. If they don't put stuff "in writing"

it becomes a "he said, she said" hearsay thing that is promulgated by the media, which can then scuttle the whole thing due to innuendo versus supposed "reality".

By sending the state a written interrogatory to "define the scope" (with a response deadline of this Friday), it helps to knock down what could become TX "exit strategy" verbal talking points that proclaim that "no one was hindering the feds", and the state was merely protecting its "own" borders.

[hueymahl]

7. If nothing else, we could get new law on the relative powers between states and the federal government

Very interesting.

[LeftInTX]

13. Much of this is bluster

Abbott lost this case, but in the end, it's about the Feds and Texas working together. It will be a give and take for a while. The wire will go away. However, the feds will allow Abbott to save face. Meanwhile, Abbott will think of another flashy scheme. This one will fade.
The feds need to do their job. Border Patrol need to deal with anyone who has entered the country illegally. (Illegal Entry is a federal law, but it's kinda tricky. Must be "caught in the act"..If Border Patrol is banned, then no one can be charged with Illegal Entry) The federal govt is the custodians of immigration records, not the State of Texas. If Texas does all the processing, and charges them with a state crime of trespassing, it will actually make the border less secure because the federal govt will no longer have records.

The head of US Customs and Border Protection told CNN Tuesday the Supreme Court ruling “allows us to have access to the border so we can begin to gain access like we did before,” noting “the rest of the case is still under active litigation.”

There is currently “no timetable” on removing the wire, Acting CBP Commissioner Troy Miller said.

Now, federal Customs and Border Protection agents stand ready to “swiftly” cut through the fencing in response to any life-saving or critical operational matters, a law enforcement source told CNN. They would promptly breach the fencing to render aid to any individual in distress or if otherwise deemed “operationally necessary,” the source added.

Asked if CBP reserves the right to cut through razor wire along the border despite the ongoing dispute, the source said: “This goes far beyond ‘reserving the right’. The US Supreme Court has ordered it.”

https://www.cnn.com/2024/01/23/us/us-mexico-border-texas-migrants/index.html

[2naSalit]

3. Time for the feds to take control.

[joshdawg]

4. Asswipeabbott is about to get his comeuppance.

He has been trying to become the dictator-of-Texas since he was sworn into office. And he needs to go away.

[Lonestarblue]

5. So what is Abbott's purpose behind his actions?

He has a lock on the Texas governorship. Texas has no term limits on how many times he can be governor. He has been rumored to planning to run for president. Right-wing media has made the migrants a huge Republican issue—probably to pull attention away from the abortion bans hurting women—so Abbott has been calling attention to the migrants and his hard-line stance against them for more than a year now. Is he positioning himself as a 2024 presidential candidate should Trump be convicted and lose too much support?

By 2028, he will be 71 so still young enough to run but who knows what the major issues will be by 2028.

[limbicnuminousity]

11. Securing a space for himself in high school history.

Sure, maybe he's angling for a 2028 candidacy...but even money says he just wants his name mentioned in the same breath as George Wallace.

As a southern expat this situation worries the hell out of me. This is good ole southern shit-stirring by unabashed rednecks. Higgins in Louisiana is adding fuel to the fire: Republican Congressman Calls on Texas to Ignore Supreme Court Ruling Because Biden Is ‘Staging a Civil War’ https://www.mediaite.com/politics/clay-higgins-calls-on-texas-to-ignore-supreme-court-ruling-because-biden-is-staging-a-civil-war/

All the situation may need to explode is a modern day equivalent to Clement Clay chiming in from Alabama.

[Marthe48]

6. The (formerly) s.c. damn well better side with the U.S. Constitution

If there is no U.S.A. the fascists will have crumbs, but no cookie.

[hueymahl]

8. I think that is the interesting part

This is not clearly defined by the constitution. States are sovereign in certain limited respects. This could be one of them. Or not. We will see.

[Marthe48]

9. I'm thinking of early cases that supported federal supremacy

in cases like this. And since it is a national border, it seems like a no-brainer that the U.S. gets the last word in how the international borders are managed and who has the right to manage them.

Of course, with the fascist 5, landmark cases are meaningless, as they strive to dismantle the country and its laws.

[EndlessWire]

14. I dislike the verbiage

where Biden is supposed to be starting a civil war, or whatever was said. Why is it always our fault? The blame falls squarely on Texas.

I think Biden did the right thing in getting a ruling from the SC. I am concerned that some Texan will be required to shoot a fellow American who also is just doing their job in upholding the Constitution. I blame Abbott for this, and so will history.

I just don't understand why they think they can defy the SC, unless they have taken lessons from Trump. It's not worth it, but Repubs are doing anything they can to distract from Trump's impending trials.

Blue voters need to turn out big time to vote Repubs out of office. Our votes are our bullets. There needs to be an overwhelming turnout in November.

(I've never seen so much ugliness in my life...)