Texas Makes Several Migrant Arrests at Shelby Park Near US-Mexico Border
Texas arrested several illegal immigrants at Shelby Park, which has been a point of contention between federal and state officials, located near the U.S.-Mexico border.
Announced by Lt. Chris Olivarez, a spokesperson with the Texas Department of Public Safety (DPS), the arrests mark the latest enforcement action on a long list of moves Governor Greg Abbott has taken in recent weeks in response to the federal government’s inaction.
“Under the authority of Gov. [Greg Abbott’s] Border Disaster Declaration, [Texas DPS] Troopers are arresting illegal immigrants for criminal trespass,” Olivarez wrote. “Troopers are enforcing criminal trespass on single adult men & women. The State of [Texas] will maintain a proactive posture in curbing illegal border crossings between the ports of entry.”
Last week, the Texas National Guard seized control of the public park in Eagle Pass, a hotbed for illegal immigration, following the Department of Homeland Security’s (DHS) petition to the Supreme Court requesting permission to remove razor wire installed by the state to protect its border with Mexico. In its request, DHS cited U.S. code regarding immigration enforcement, writing, “Federal law unambiguously grants Border Patrol agents the authority, without a warrant, to access private land within 25 miles of the international border.”
The request came after Texas sued the federal government for “committing conversion and trespass to chattels under Texas law.”
In December of 2023, Governor Abbott signed Senate Bill 4 into law, granting local law enforcement the authority to arrest illegal immigrants, and local judges the authority to order them to leave the country. The law was set to go into effect in March 2024; however, to thwart Texas’ border security efforts, the Justice Department [DOJ] filed a lawsuit on January 3 claiming the law is “preempted by federal law and violates the U.S. Constitution.”
Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division, said, “We have brought this action to ensure that Texas adheres to the framework adopted by Congress and the Constitution for regulation of immigration.”
In response to the escalated tensions over jurisdiction, the Texas Military Department said that the state’s “current posture” is to “restrict access to organizations that perpetuate illegal immigrant crossings in the park and greater Eagle Pass area,” and as a result, the state national guard began restricting federal immigration services and border patrol agents from accessing Shelby Park, which was previously being used as an illegal immigrant processing location.
Last week, three migrants, a woman and two children, drowned while attempting to cross the Rio Grande near the public park, as have many others over the past several years. The drowning event was then cited in a letter the DHS sent to Texas Attorney General Ken Paxton, alleging that the state’s actions “have impeded operations” and prevented Border Patrol from responding to the emergency.
Despite these claims, a DOJ court filing following the incident confirmed that Mexican officials advised the U.S. Customs and Border Patrol [CBP] of the drowning an hour after the three migrants were found deceased, insinuating that CBP agents would not have been able to prevent the situation, even with access to Shelby Park and nearby areas.
In response to the DHS assertion, Paxton promptly responded in a three-page letter, claiming “Texas allows prompt entry into Shelby Park by any U.S. Border Patrol personnel responding to a medical emergency.” He additionally explained that the state “has ordered its Guardsmen not to impede lifesaving care for aliens who illegally cross the Rio Grande.”
The letter also slams the federal government for its lack of control over the U.S. southern border, claiming that officials’ actions amount to “dereliction of duty.”
“According to your letter, ‘[t]he U.S. Constitution tasks the federal government with . . . securing
the Nation’s borders.’ When were you planning to start?” the attorney general pressed.
“Quite apart from the Shelby Park specifics, your demand letter rests on a more fundamental understanding of federal law and the role of sovereign States within our constitutional order. This much is clear from your invocation of a federal statute that gives U.S. Border Patrol warrantless access to land within 25 miles of the border, but only ‘for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States.’ 8 U.S.C. § 1357(a)(3) (emphasis added).“
Texas Attorney General Ken Paxton
Not only has Texas refused to vacate Shelby Park, but the state is reportedly installing more razor wire fencing.
