Texas AG tells Biden administration to pound sand in response to threatening DHS letter

Texas seized control last week of a 47-acre municipal park in Eagle Pass where hordes of illegal aliens have poured into the homeland in recent months and years. In doing so, the state ousted the federal border agents camped within who were otherwise handcuffed by the Biden administration's apparent unwillingness to enforce immigration law and secure the border.

The Biden administration was enraged by the Lone Star State's effort to reinforce American sovereignty. The Department of Homeland Security sent a strongly worded cease-and-desist letter to Texas Attorney General Ken Paxton Sunday, demanding Texas cave and grant federal agents "full access to the U.S.-Mexico border in and around the Shelby Park area."

Paxton responded in a Jan. 17 letter effectively telling the Biden administration to pound sand.

Addressing a vulnerability

Texas took control of Shelby Park on Jan. 10 under an emergency declaration from Republican Gov. Greg Abbott in an effort to stem the flow of illegal aliens into the state. The park adjoins a high-traffic 2.5-mile stretch of the Rio Grande where the state's floating barrier was installed to dissuade migrants from fording the river.

The Texas National Guard established fencing around the perimeter of the park and blocked entrances to the river with the aid of border barriers and soldiers. While the state permitted U.S. Border Patrol agents access to the boat ramp in the park and entry if responding to a medical emergency, it appears to have otherwise barred access and entry to federal agents.

"Texas has the legal authority to control ingress and egress into any geographical location in the state of Texas, and that authority is being asserted with regard to that park in Eagle Pass, Texas, to maintain operational control of it," said Abbott.

Abbott spokeswoman Renae Eze said in a statement, "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."

Blaze News previously noted that over 300,000 illegal aliens stole into the U.S. over the southern border in December, the highest monthly tally on record. That puts the total for this fiscal year at over 800,000, not including all of the recent border crossings that have gone unreported.

2.47 million, 2.37 million, and 1.73 million illegal aliens entered the United States in fiscal years 2023, 2022, and 2021, respectively.

Biden administration lashes out

White House spokesman Angelo Fernandez Hernandez blasted the park seizure as an "extreme" political stunt purposed to "demonize and dehumanize" people, reported Bloomberg.

"Governor Abbott has repeatedly proven that he is not interested in solutions and only seeks to politicize the border," wrote Hernandez.

While White House officials beat their chests, Jonathan Meyer, general counsel for the DHS, sent a letter to Paxton on Jan. 14 complaining that Texas had ousted U.S. Border Patrol from the park and denied it access following the seizure.

After suggesting the DHS was "committed to securing the border," Meyer claimed the Lone Star State's actions "conflict with the authority and duties of Border Patrol under federal law and are preempted under the Supremacy Clause of the Constitution. Texas's actions also improperly seek to regulate the federal government."

Extra to accusing Texas of flouting federal law, Meyer blamed Texas for the recent drowning of three illegal aliens. The DHS general counsel intimated in his letter that the migrants perished after allegedly having trouble stealing into the country via the Shelby Park area and could alternatively have been saved by Border Patrol agents, hampered by Texas officials.

"Texas's failure to provide access to the border persists even in instances of imminent danger to life and safety," wrote Meyer.

The DHS issued the following ultimatum: "If you have not confirmed by the end of day on January 17, 2024, that Texas will cease and desist its efforts to block Border Patrol's access in and around the Shelby Park area and remove all barriers to access to the U.S.-Mexico border, we will refer the matter to the Department of Justice for appropriate action and consider all other options available to restore Border Patrol's access to the border."

Texas doesn't blink

Paxton did not mince words in his reply, obtained by the Daily Caller: "Your letter misstates both the facts and the law in demanding that Texas surrender to President Biden's open-border policies. 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."

The Lone Star State's attorney general stressed that the DHS "should stop wasting scarce time and resources suing Texas, and start enforcing the immigration laws Congress already has on the books."

In his letter, Paxton cast doubt on several key claims made in the DHS letter, noting that:

• Texas was not impeding lifesaving care for illegal aliens and continues to permit access to U.S. Border Patrol "responding to a medical emergency";
• contra to Meyer's claim that the DHS is committed to "'rendering emergency assistance to individuals in need,'" it allegedly absolved itself of such a duty in 2023 "and advised the Texas Department of Public Safety that federal personnel would not be present to administer aid unless Texas called for help";
• the migrants who drowned did so on the Mexican side of the river, and the U.S. federal agents present as the incident unfolded "did not even have a boat, and they did not request entry based on any medical exigency";
• safety threats facing migrants were the product not of Texas border defenses but of Biden administration polices, adding "nobody drowns on a bridge"; and that
• per 8 U.S.C. § 1357(a)(3), U.S. Border Patrol's lawful, warrantless access to borderlands is only "for the purpose of patrolling the border to prevent the illegal entry of aliens."

Paxton concluded his letter noting, "President Biden has authorized DHS to send a threatening letter through its lawyers. But Texas has lawyers, too, and I will continue to stand up for this State's constitutional powers of self-defense. Instead of running to the U.S. Department of Justice in hopes of winning an injunction, you should advise your clients at DHS to do their job and follow the law."

Within hours of the DHS' reception of Paxton's defiant message, the Biden administration was dealt another blow, learning that the Lone Star State's controversial floating wall wasn't going anywhere.

The U.S. Court of Appeals for the Fifth Circuit reversed a December order requiring Texas move its floating barrier on the Rio Grande, reported the Associated Press.

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