Texas Defends Border Control Measures Amid Cease-and-Desist Controversy

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Texas stands firm against cease-and-desist order, challenging Biden administration on border control.

In a recent standoff with the Biden administration, Texas remains resolute in its refusal to comply with a cease-and-desist letter, asserting its control over the U.S.-Mexico border in Eagle Pass. This defiance comes after the state obstructed U.S. Border Patrol agents from accessing Shelby Park, the epicenter of southwest border illegal immigration.

Texas Challenges Cease-and-Desist Order
On January 21, the Biden administration called on Texas to cease impeding U.S. Border Patrol access in Shelby Park, controlled by the Texas National Guard that week. The Department of Homeland Security (DHS) General Counsel, Jonathan Meyer, expressed concerns that the presence of Texas National Guard soldiers, equipment, and physical barriers was unconstitutionally limiting Border Patrol access to approximately 2.5 miles of the border.

Meyer argued that these actions conflicted with federal law, emphasizing violations of the Supremacy Clause of the Constitution. He insisted that Texas immediately halt any actions impeding Border Patrol’s full access to the U.S.-Mexico border, particularly in the Shelby Park area.

Paxton Rejects Cease-and-Desist Order
Texas Attorney General Ken Paxton strongly rejected the cease-and-desist order, asserting that the state would continue using its constitutional authority to defend its territory.

” 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,” wrote Paxton.

DHS Blames Texas for Tragic Drowning Incident
The cease-and-desist letter highlighted a tragic incident in Eagle Pass, where a woman and two children drowned in the Rio Grande. Meyer contended that even in cases of imminent danger, Texas persisted in obstructing Border Patrol access for law enforcement and emergency response activities.

” Texas has demonstrated that even in the most exigent circumstances, it will not allow Border Patrol access to the border to conduct law enforcement and emergency response activities,” wrote Meyer.

Dispute Over Rio Grande Drowning Incident
Federal officials confirmed the drownings on January 20 and accused Texas National Guard troops of preventing Border Patrol agents from entering the area. However, the Texas Military Department disputed this, claiming they were aware of a distress report but couldn’t locate the migrants. Paxton countered, stating that federal officials did not request access to the park on the night of the incident.

” Your attempt to blame Texas for three migrant deaths on January 12, 2024, is vile and, as you now should be aware, completely inaccurate,” Paxton asserted.

Texas Challenges Biden Administration’s Interpretation of Asylum Law
Paxton challenged the Biden administration’s interpretation of asylum law, arguing that detaining and processing unauthorized border crossers does not align with federal law. He pointed out a fundamental misunderstanding of the role of sovereign states within the constitutional order, citing President Biden’s open-borders campaign promise.

” Your demand letter rests on a more fundamental misunderstanding of federal law and the role of sovereign states within our constitutional order,” Paxton wrote. “President Biden has ordered your agency to do the exact opposite, in keeping with his open-borders campaign promise.”

In the ongoing dispute between Texas and the Biden administration, the state remains steadfast in defending its border control measures, setting the stage for a legal and ideological clash.

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