The Justice Department Urges Supreme Court to Stop Texas from Blocking Border Patrol Agents
The Biden administration has taken its immigration enforcement battle with Texas Governor Greg Abbott to the Supreme Court. On Friday, the Justice Department requested that the court order Texas to cease blocking Border Patrol agents from a section of the U.S.-Mexico border where numerous migrants have been crossing in recent months. This latest clash between the Biden administration and Abbott centers around Texas’ decision to erect fencing in order to seize control of a nearly 50-acre public park along the Rio Grande in Eagle Pass, which had been a popular crossing point for migrants entering from Mexico.
According to the Justice Department, armed Texas National Guard members and their vehicles are effectively preventing Border Patrol agents from accessing the river. In addition, the military Humvee, allegedly used by the Texas National Guard, is obstructing Border Patrol agents from using an access road. The resulting blocking of access and visibility to this stretch of the border has impeded the Border Patrol’s ability to monitor and secure the area, the Justice Department argued in its court filing.
Governor Abbott has maintained that Texas has the authority to control access to any geographic location within the state. He defended the closure of Shelby Park, which represents an escalation of his border enforcement efforts known as Operation Lone Star. The state and federal government have been involved in a series of legal disputes since 2023 over various actions taken by Texas, including the use of buoys in the middle of the international river, the installation of razor wire, and an upcoming law allowing police to arrest migrants.
Abbott faced criticism from Democrats after his recent controversial statement about Texas’ actions on the border. During an interview with conservative radio host Dana Loesch, Abbott suggested that Texas had done everything to curb illegal crossings except for shooting people. Mexico’s foreign relations secretary denounced Abbott’s comments, warning that they could incite violence and dehumanize migrants.
Meanwhile, the closure of Shelby Park has not only affected federal agents but also Border Patrol’s surveillance capabilities. The park has served as a launching point for Border Patrol boats, and agents would use the area to detain and process migrants. As a result of the closure, agents no longer have access to a significant stretch of the border.
The emergency request submitted by the Justice Department to the Supreme Court highlights the impact of the ongoing power struggle between Texas and the federal government. The filing is part of a broader lawsuit concerning the state’s installation of concertina wire along approximately 30 miles near Eagle Pass. The National Border Patrol Council, the union representing Border Patrol agents, has applauded Texas’ efforts, suggesting that securing this area will enable agents to focus on other regions with high numbers of attempted illegal crossings.
This clash between the Biden administration and Texas is reminiscent of a dispute that unfolded in 2022 involving a Texas pecan farm. On that occasion, the state took action without the landowner’s consent and revoked a lease previously held with Border Patrol. Texas’ border policies have not only faced scrutiny from external critics but also from internal sources, such as a trooper who made headlines in July after an account emerged regarding the denial of water and urgent medical care.
As the legal battle between the Biden administration and Texas continues, the Supreme Court’s involvement will likely shape the future of immigration enforcement along the U.S.-Mexico border. The outcome of this showdown will have significant implications for both migrants and the respective authorities involved.
