Texas National Guard blocks Border Patrol agents from entering border area: DOJ

The Justice Department accused the Texas National Guard of denying Border Patrol agents access to a 2.5-mile stretch of the southern border in Eagle Pass, Texas, according to an overnight DOJ filing with the U.S. Supreme Court.

The filing comes as Supreme Court justices weigh an emergency request from the Biden administration seeking immediate permission for the Border Patrol to remove razor-wire fencing erected by the state of Texas along a 30-mile stretch of the border with Mexico has been installed.

The administration has argued that states cannot stop federal officials from carrying out their duties — and that federal officials have primary responsibility for immigration policy and enforcement along the border. A lower court order against the removal is not warranted while the lawsuit continues because of the “risk to human life” posed by the wire and the supremacy of federal law enforcement authorities, the government argued.

The state responded in its petition to the Supreme Court that removing the barbed wire fence defeats the federal government’s intended purpose of enforcing immigration policy. “Defendants may not seek judicial approval for practices that both directly conflict with those same legal obligations and require the destruction of plaintiff’s property,” the state said, citing a district court ruling in the case.

The court has not yet said when the court will consider the case.

According to the latest DOJ filing, Border Patrol agents were notified Wednesday that state authorities were cordoning off the area around Shelby Park, a known staging area for the U.S. Border Patrol, the Texas National Guard and the Texas Department of Public Safety.

The DOJ says the Texas National Guard is now blocking Border Patrol access and “no longer allowing its agents to deploy mobile surveillance vehicles.”

The filing also states that agents were denied access to a boat ramp used to access the Rio Grande, as well as a staging area used to inspect migrants apprehended while entering Texas between ports of entry.

“Border Patrol agents in a vehicle towing a boat to launch at the boat ramp requested access to Shelby Park, but the Texas National Guard denied them access to the area. Border Patrol agents also requested access to the staging area and the Texas National Guard denied,” the file said.

The DOJ says the Border Patrol’s ability to view that part of the border “is now limited to a narrow sliver of a single surveillance camera outside the newly fenced area.”

An attached statement from Robert Danley, Customs and Border Protection’s chief field coordinator for the Del Rio sector and lead patrol agent, says Border Patrol agents and Texas DPS personnel were told by a Texas National Guard major that they would “no longer allow anyone in, including Texas DPS, to drop off or transfer migrants in the gated area.

In a video posted to Facebook by Eagle Pass Mayor Rolando Salinas on Wednesday evening, the mayor said Texas Department of Public Safety officials informed him that the state is taking “full control” of Shelby Park to prevent migrants from entering illegally Entering Texas. Mexico.

“That is not a decision we agreed to. This is not something we wanted. This is not something we asked for as a city, I want to make that clear,” Mayor Salinas said in the video.

Images taken by the mayor showed the entrance to the park closed off by fencing and military vehicles.

Shelby Park was the epicenter of Governor Greg Abbott’s efforts to discourage unlawful crossings. It is a known staging area for the Texas National Guard and Texas DPS deployed to the border as part of Abbott’s Operation Lone Star.

Salinas said he was informed that the state is taking control of the park “indefinitely” under the governor’s border disaster declaration, which he renewed in December.

MORE: Reporter’s Note: Traveling along the Rio Grande amid controversy over immigration shackles

Texas DPS referred ABC News’ questions to the Texas Military Department.

In a statement, a spokesperson for the Texas Military Department told ABC News that the measure was in preparation for future attempts by migrants to enter the state between ports of entry and “to limit access to organizations that facilitate the illegal crossing of immigrants in consolidate the park and more Eagle Pass area.”

The spokesperson said local residents would have access to the park.

The state’s move follows a visit to the city by Homeland Security Secretary Alejandro Mayorkas on Monday, where he met with CBP agents.

MORE: Texas to deploy buoys in Rio Grande in attempt to stop migrants from crossing river

Abbott’s office released a statement blaming President Joe Biden: “Texas is holding the line on our southern border with miles of additional razor wire and anti-climb barriers to combat record high levels of illegal immigration caused by President Biden’s administration , deter and repel. reckless open border policy. Instead of enforcing federal immigration laws, the Biden administration is allowing unfettered access for Mexican cartels to smuggle people into our country,” said spokesperson Renae Eze.

“Texas will continue to deploy Texas National Guard soldiers, DPS troopers and more barriers, using every tool and strategy to respond to President Biden’s ongoing border crisis,” the spokesperson said.

White House spokesman Angelo Fernandez Hernandez said in a statement Friday: “Governor Abbott continues his extreme political stunts that not only seek to demonize and dehumanize people, but also make it more difficult and dangerous for Border Patrol to do their job.” to do. leaves migrants on the side of the road in the middle of winter, installs barbed wire to make the Border Patrol’s job more dangerous, promotes extreme and unconstitutional laws like SB 4, or his latest actions in Eagle Pass Governor Abbott has repeatedly proven is not interested in solutions and only tries to politicize the border.”

Salinas says city officials are determining whether they have legal options to regain control of the park.

Texas National Guard blocks Border Patrol agents from entering part of border: DOJ originally appeared on abcnews.go.com