Appeals court hands Texas a big victory, making it harder for Biden admin to let in illegal aliens



The U.S. Court of Appeals for the Fifth Circuit handed the Lone Star State a big win Wednesday, barring the Biden administration from "damaging, destroying, or otherwise interfering with Texas's c-wire fence in the vicinity of Eagle Pass."

The Biden administration has worked feverishly in recent years to hinder the state's efforts to secure its southern border with Mexico. These efforts have focused in large part on Shelby Park, a 47-acre municipal park in Eagle Pass where hordes of illegal aliens have stolen into the homeland.

The question of whether state troopers and members of the Texas National Guard could lay nearly 30 miles of concertina wire in the area has been batted around the courts for over a year.

The Fifth Circuit Court issued a temporary order in December 2023 prohibiting the Biden administration from cutting wire except when faced with medical emergencies. The following month, the U.S. Supreme Court vacated the order and kicked the matter back down to lesser courts.

Although the legal dispute was far from settled, Texas lay wire anyway, citing its need and responsibility to "maintain operational control."

The installation of nearly 70,000 rolls of razor wire in Eagle Pass along with fencing and shoreline barriers apparently helped make an immediate difference. According to the Media Research Center, after closing off Shelby Park in January, the number of illegal alien encounters dropped 325% from the previous month and 41% from January 2023.

Federal agents responded to the reinforcement of the border by cutting through the wire on multiple occasions —something the Border Patrol union stated would "undoubtedly encourage more illegal immigration" and hinder Border Patrol agents' efforts to target criminal elements crossing the border illegally.

'This is a good win for Texas, a good win for the country.'

Texas Attorney General Ken Paxton, rumored to be under consideration by President-elect Donald Trump for the next FBI director, sued the Biden administration in October, accusing Border Patrol of illegally destroying state property when helping foreign nationals flout American law.

Paxton's lawsuit indicated further that federal agents "not only cut Texas' concertina wire, but also attach[ed] ropes or cables from the back of pickup trucks to ease" illegal aliens to steal into the country, reported the Texas Tribune.

District Judge Alia Moses granted the state temporary relief, allowing federal officials to cut wire only in cases of life-threatening medical emergencies.

The Fifth Circuit Court of Appeals issued a 2-1 opinion Wednesday granting Texas a preliminary injunction against the Biden administration. Circuit Judge Kyle Duncan, who was nominated to the court by President-elect Donald Trump, noted in the majority opinion:

The injunction is not barred by intergovernmental immunity because Texas is seeking, not to "regulate" Border Patrol, but only to safeguard its own property. Nor, for similar reasons, is the injunction barred by the Immigration and Nationality Act ("INA"). Finally, Texas has satisfied the injunction factors from Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (2008). Most importantly, the United States does not even contest that Texas has shown it will likely succeed on its state law trespass claims.

The court noted that while the Biden administration contends that the concertina wire poses a risk to human safety, the administration's own behavior does as well as it has "facilitated and encouraged aliens to 'undertake the dangerous task of crossing the river.'"

The court also rejected the Biden administration's argument that the Lone Star State's fencing undermines international relations, adding that "concerns about international relations do not erase property owners' rights over thousands of square miles along the border."

The lone dissenter on the court was a Biden-nominated judge, Irma Carrillo Ramirez.

The ever-defiant Republican Gov. Greg Abbott noted in response to the ruling that Texas will "continue adding more razor wire border barrier."

Paxton called the result a "huge win for Texas," tweeting, "We sued immediately when the federal government was observed destroying fences to let illegal aliens enter, and we've fought every step of the way for Texas sovereignty and security."

"It was shocking to me that the federal government would go out of their way to cut razor wire to allow illegals to cross when we're just trying to protect our own land," Paxton reportedly told Newsmax Wednesday evening. "This wasn't their land. This was our land, our private property. It had nothing due to the federal government. So this is a good win for Texas, a good win for the country, that this court recognized our ability to protect our land."

The Tribune noted that a spokesman for the U.S. Department of Homeland Security did not respond to its request for comment.

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Texas officials slam Biden's attempt to politicize Beryl, call his suggestion a 'complete lie'



Hurricane Beryl — now classified as a weakened tropical depression — made landfall on the Texas coast early Monday, causing significant flooding and knocking out power to millions of Americans. According to PowerOutage.us, approximately 1.7 million residents, primarily in the southeastern portion of the state, were still without power as of Wednesday morning.

President Joe Biden told the Houston Chronicle Tuesday that his administration had been unable to provide prompt emergency aid to the Lone Star State following the storm's landing due to the White House's inability to "track down" state leaders and obtain a formal request for a major disaster declaration.

"I've been trying to track down the governor to see — I don't have any authority to do that without a specific request from the governor," said Biden.

The Chronicle, which endorsed Biden earlier this year, originally published the Democratic president's suggestion without comment from state leaders. Its report also contained a line that has since been removed claiming that a White House spokesperson "said officials tried to reach Abbott and Patrick multiple times," apparently without success.

Texas officials have suggested that Biden's suggestion and the Chronicle's report did not track with the reality of the situation. Both Lt. Governor Dan Patrick (R) and Governor Greg Abbott (R) indicated Tuesday that Biden was either lying or suffering a memory malfunction.

'Biden's memory fails again.'

"I am disappointed that President Biden is turning Hurricane Beryl into a political issue," Patrick wrote on X. "We had a cordial call today that ended up with him granting my request for a major disaster declaration. But that's not good enough for him. He is falsely accusing me that I was not reachable."

Patrick indicated further that Biden, who has been facing intense scrutiny from friends and critics alike over his decrepitude, "obviously did not know his own employees from FEMA were side-by-side with me for 3 days!"

"All he had to do was call them and have them hand their phone to me. I even took a photo with them!" continued Patrick. "Before we made an official ask, we needed to determine what our outstanding needs were. We were working with local officials as we traveled the impacted areas. As I was being briefed today, the president called."

Texas Gov. Greg Abbott traveled to Asia on Friday in order to cultivate and strengthen economic partnerships in Taiwan, South Korea, and Japan. Until Abbott's return on Saturday, Lt. Gov. Dan Patrick has been serving the Lone Star State as acting governor.

On July 5, days before the storm made landfall as a Category 1 hurricane, Patrick declared a state of disaster, authorizing the use of all available state resources necessary to "cope with this disaster."

The governor's office confirmed Tuesday that Patrick had gone a step farther and had spoken to Biden, requesting a federal disaster declaration through the Federal Emergency Management Agency — a request that was granted.

Adopting one of Biden's go-to turns of phrase, Patrick said, "This is a load of malarkey, and he's shoveling it!"

On Wednesday morning, Patrick criticized "Biden's lie" further, summarizing the situation accordingly: "I asked for a federal disaster declaration at the proper time without delay and the president agreed. Sadly, President Biden is attacking Gov. Abbott and me, trying to score political points, for reasons that make no sense. Mr. President, as you like to say, 'C'mon, man!'

— (@)

Abbott similarly shredded Biden's apparent attempt to suggest his administration had been unreachable.

"Biden's memory fails again," Abbott wrote Tuesday evening. "Not once did he call me during Beryl. He has my number & called me on Memorial Day after tornadoes hit Texas. I've had daily calls with state & local officials during Beryl. I spoke with FEMA Admin while on our trade mission but Biden never called."

Andrew Mahaleris, the governor's press secretary, said, "This is a complete lie from Biden, and frankly doesn't make any sense. Biden and his Administration know exactly how to get in contact with the Governor and have on numerous occasions in the past, most recently on Friday when FEMA called and spoke with him."

Mahaleris also blasted the Houston Chronicle, noting, "A lie travels halfway across the world before the truth puts it's [sic] boots on. @HoustonChron ran a false exclusive story on this nonsense, based off what an incoherent President said, before we had a chance to refute it. This is why Americans have lost faith in media."

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Former Uvalde police chief slapped with 10 felony child endangerment charges



The former school district police chief who oversaw the failed response to the May 24, 2022, elementary school shooting in Uvalde, Texas, has been indicted on 10 counts of felony child endangerment.

An 18-year-old gunman entered Robb Elementary School and slaughtered 19 children and two teachers in adjoining classrooms 111 and 112. It was not until 77 minutes after police first arrived on the scene that U.S. Border Patrol neutralized the shooter. In the meantime, Uvalde Consolidated Independent School District Police Department Chief Pete Arredondo ostensibly worked against an effective solution and wasted precious time down the hall.

The Department of Justice's 600-page January report on law enforcement's response to the shooting concluded that Arredondo, the de facto incident commander on the day of the incident, "had the necessary authority, training, and tools" but did not ultimately "provide appropriate leadership, command, and control, including not establishing an incident command structure nor directing entry into classrooms 111 and 112."

Extra to ordering officers not to enter the classrooms where the shooter was located, Arredondo dropped his radios at the time of arrival, treated the incident "as a barricaded subject scenario and not as an active shooter situation," and waited for SWAT to arrive.

The DOJ's report made clear that rather than "push forward immediately and continuously toward the threat until entry was made into classrooms 111/112 and the threat was eliminated," Arredondo and those with him retreated after the initial burst of gunfire.

The Texas House of Representatives' 2022 interim report similarly indicated that while in the position to act, Arredondo impotently "remained in the hallway where he lacked reliable communication with other elements of law enforcement, and he was unable to effectively implement staging or command and control of the situation."

The Ulvalde Leader-News reported that Arredondo's indictment this week accused him of "intentionally, knowingly, recklessly, and with criminal negligence" placing 10 children in imminent danger of bodily injury or death by failing to identify the situation as an active shooter incident despite hearing gunshots in the classroom.

The indictment further indicated that upon learning children had been injured, Arredondo elected to direct officers to evacuate the wing before confronting the shooter; failed to ascertain whether the door to classroom 111 was even locked; and failed to "timely provide keys and breaching tools to enter classrooms 111 and 112," reported NBC News.

The DOJ's report had noted the likelihood that the door was unlocked.

Shortly after turning himself in to the Uvalde County Jail Thursday, Arredondo was released on bail.

The Uvalde Police Department noted that it had not been contacted by the district attorney's office regarding any of its staff and presently had no comment on the matter.

The Austin American-Statesman reported that a grand jury also indicted former UCISD officer Adrian Gonzales. Arredondo and Gonzales each face up to two years in jail and a $10,000 fine if convicted.

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Biden admin accused of 'making a power grab for the National Guard'



Republican Govs. Greg Abbott of Texas and Ron DeSantis of Florida penned letters Friday condemning a proposal that would effectively allow the Democratic administration to wrest control over National Guard units away from governors across the country.

The Republican duo was late to the party when signaling opposition to U.S. Air Force's Legislative Proposal 480. The governors of 48 states and the leaders of five American territories voiced their opposition to LP480 last month in a letter to the Pentagon.

An indecent proposal

Air Force Secretary Frank Kendall approved the draft legislation on March 15. The Pentagon subsequently delivered LP480 to the Senate Armed Services Committee on March 29.

LP480 would enable the Secretary of the Air Force to transfer the covered space functions currently performed by the Air National Guard to the U.S. Space Force. The secretary would be enabled to change the status of an ANG unit to a unit of the USSF, to deactivate the unit, or to assign the unit to "a new Federal mission."

The proposed legislation also waives the requirement to first obtain a governor's consent prior to making such changes to a National Guard unit.

Kendall suggested to lawmakers that the legislation would not set a precedent that would enable other services to cannibalize elements of the National Guard without gubernatorial consent, reported Breaking Defense.

"This [issue] is an artifact of the creation of the Space Force," said Kendall. "It's a unique situation. There's absolutely no intention to make any other changes, moving things out of the Guard."

Following a House Armed Services Committee hearing last month on the USAF and USSF fiscal year 2025 budget requests, Chairman Mike Rogers (R-Mich.) reportedly said he was "fully supportive."

"I think that what the Air Force is suggesting is going to be successful," said Rogers. "We are used to the National Guard Association being a very political organization that deploys these kind of political activities. This is not one in which they should waste their time and this is not one in which they're going to be successful."

If every governor in the country has their way, then the National Guard Association will prove Rogers wrong.

Backlash

Ret. Maj. Gen. Francis M. McGinn, head of the National Guard Association of the United States, noted in an April 16 op-ed that the proposal constituted "an existential threat to the National Guard."

"This move represents a significant federal overreach that should concern governors and federal lawmakers alike," wrote McGinn. "This is an attempt to bypass the longstanding authority Congress gave to governors requiring their consent before any National Guard units can be removed from their states."

Noting that the proposal states that the transfer of units "shall occur without regard to" two existing laws concerning gubernatorial authority, McGinn likened the legislation to "asking the government for permission to rob your neighbor by asking legislators to ignore laws against robbery. Such a ham-fisted approach is legally dubious at best and a breach of the established legislative process."

Kendall said in response that the "reaction from the Guard, quite frankly, has been over the top on this."

"We're not talking an existential threat. No one is suggesting dismantling the guard," he added.

The Air Force secretary evidently did a poor job of winning over skeptics.

Several weeks after Colorado's Democratic Gov. Jared Polis more or less told the Pentagon to keep its hands off the state's ANG units, and days after the Council of Governors wrote to Defense Secretary Lloyd Austin with its objections, the governors of 48 states plus the five U.S. territories followed suit.

The National Governors Association noted in its late April letter to Secretary Austin that the proposed legislation "disregards gubernatorial authorities regarding the National Guard and undermines over 100 years of precedent as well as national security and military readiness."

Recognizing the importance of ensuring that the National Guard is equipped and ready to serve as the "operational combat reserve for national security mission and to support domestic emergencies," the governors stressed it is imperative that they "retain the authority laid out in United States Code (U.S.C.) Title 32, Section 104."

The governors' letter further noted that LP480 conflicts specifically with Section 18238 of Title 19, which "states that there should be no removal or withdrawal of a unit of the Air National Guard without consultation and approval from Governors. Additionally, section 104 of Title 32 states there is to be no change in the branch, organization or allotment of National Guard units within a state or territory without the approval of its Governor."

The governors indicated that the legislation would ultimately strain their relationship with the Pentagon; undermine governors' authority; adversely impact military readiness; and threaten the careers of state-based service members.

Abbott, DeSantis, and congressional lawmakers join in

Abbott and DeSantis got in on the action Friday.

The Texas governor underscored in his Friday letter to President Joe Biden that LP480 would sideline governors as the commanders-in-chief of their respective National Guards.

After highlighting the crucial role the Texas National Guard plays in protecting Texans, addressing civil disturbances, and in responding to disasters, Abbott wrote that LP480 "poses an intolerable threat" to the service.

"Congress has long required the consent of a governor before units can be transferred out of the National Guard he commands. See 32 U.S.C. § 104; 10 U.S.C. § 18238. By departing from this sensible arrangement, and allowing the Secretaries to dismantle National Guard units on a whim, Legislative Proposal 480 would set a dangerous precedent," added Abbott.

In the X post accompanying his statement, Abbott wrote, "President Biden and his Admin. are making a power grab for the National Guard. They want to give the Secretaries unilateral authority to dismantle National Guard units on a whim."

DeSantis penned his condemnatory Friday letter to the Senate chairs and ranking members of the Senate and House Armed Services committees.

"As a low-lying, storm-prone state, Florida is uniquely vulnerable to hurricanes and flooding that require significant, operationally ready logistics and disaster support, including from our National Guard units," wrote DeSantis. "This legislative proposal weakens that guarantee and sidesteps the authority of the Governor to ensure Floridians are prepared and protected to address whatever domestic emergencies may arise, especially as we approach another hurricane season."

Extra to the governors, there has been bipartisan opposition to the scheme in both chambers of Congress.

Twenty-nine senators and 56 representatives have urged the leaders of the House and Senate Armed Service committees to keep the proposal out of the fiscal 2025 National defense Authorization Act, reported the Washington Examiner.

In their letter to their respective committees, the lawmakers called LP480 "deeply flawed" and noted that Congress "has a duty to maintain the integrity and longstanding tradition of the National Guard," adding that "a proposal of this magnitude threatens to under [sic] over 120 years of precedent."

According to The Hill, a White House official indicated the Biden administration supports the proposal.

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Defiant and backed by 25 governors, Abbott says Texas will continue its self-defense at the southern border



Republican Gov. Greg Abbott celebrated the efficacy of the Lone Star State's active self-defense Sunday, noting that it will not just continue but expand "until the Biden Administration decides to do its job and secure the border."

Abbott declared on Jan. 24 that his beleaguered state has the "constitutional authority to defend and protect itself" in the face of an unprecedented "invasion" by foreign nationals. Twenty-five American governors have signaled support for this self-defense, some of whom were in Texas over the weekend.

Flanked by 13 governors in person — Govs. Sarah Huckabee Sanders (R-Ark.), Brian Kemp (R-Ga.), Brad Little (R-Idaho), Eric Holcomb (R-Ind.), Kim Reynolds (R-Iowa), Jeff Landry (R-La.), Tate Reeves (R-Miss.), Mike Parson (R-Mo.), Greg Gianforte (R-Mont.), Jim Pillen (R-Neb.), Chris Sununu (N.H.), Bill Lee (R-Tenn.), and Spencer Cox (R-Utah) — and backed by an additional 12 governors from afar, Abbott said Sunday, "Americans stand with Texas and our right to protect and defend our state from the crisis at our southern border."

Joe Biden\u2019s open border policies have had a devastating impact on every community in our nation.\n\nEven in the face of Biden's lawsuits, Texas will continue to step up & protect our nation.\n\nAmerica's Governors are behind us.\n\nMore from Eagle Pass today: https://t.co/1zZeLo9E7a
— (@)

The governors toured Shelby Park, the municipal park in Eagle Pass adjoining the Rio Grande where multitudes of illegal aliens have poured into the U.S. in recent months. Whereas the park was previously teeming with illegal aliens, the park now appears to be empty.

Abbott credited his state's material defensive efforts — particularly the razor wire and barriers criticized by the Biden White House — with reducing the average number of illegal entries into the area from 3,000-4,000 to a reported three migrants per day.

"If Arizona and California did what we're doing here, you would eliminate [illegal] immigration overnight," said Abbott.

Abbott further indicated that Texas would expand on its recent success in Eagle Pass and expand its efforts elsewhere along the border.

"As we speak right now, the Texas National Guard, they’re undertaking operations to expand this effort," said the Texas governor. "We're not going to contain ourselves to this park. We are expanding to further areas to make sure we expand our level of deterrence and denial of illegal entry into the United States."

A top Texas official said there is also interest in applying similar pressure to riverside ranch land north of the city where illegal aliens have historically made entry, reported the New York Times.

That expansion appears to include the construction of additional border wall.

Texas made history as the first and ONLY state to build our own border wall. \n\nConstruction is ongoing. \n\nWe will not back down from our efforts to secure the border.
— (@)

Various governors lauded the Lone Star State's efforts Sunday. Some indicated they would commit additional resources to help Texas secure the border, as Florida did last week.

Gov. Lee, chairman of the Republican Governors Association, thanked Abbott for doing "everything within his power to provide an improvement to the situation at the border and to provide safety and security for Texans, for Americans."

"The federal government has failed Texans and Americans in providing that security and that safety," added Lee.

Gov. Kemp noted that "every state in our country is now a border state. ... When you think about the amount of fentanyl and human trafficking, they're coming to every state in the county."

"If our border is not secure, our country is not secure," continued Kemp. "Joe Biden's policies are making our country less safe, and that's what we're here documenting today."

"This is a fight that all of us have to engage in," said Gov. Huckabee Sanders.

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Texas responds to Supreme Court ruling by adding more razor wire along border: 'Hold the line'



The U.S. Supreme Court sided with the Biden Department of Homeland Security Monday, allowing federal border officials to cut the razor wire Texas has installed along stretches of the Rio Grande as a means of securing the southern border and protecting American sovereignty.

Rather than cave in the wake of the 5-4 decision — which had nominally conservative Justices John Roberts and Amy Coney Barrett in the majority — the Lone Star State has doubled down and installed more wire.

— (@)

The Texas Military Department indicated it would "hold the line in Shelby Park to deter and prevent unlawful entry into the State of Texas. We remain resolute in our actions to secure our border, preserve the rule of law, and protect the sovereignty of our State."

Shelby Park is a 47-acre municipal park in Eagle Pass where hordes of illegal aliens have entered the U.S. in recent months and years. The state seized control of the park on Jan. 10. In addition to fencing the perimeter and improving shoreline barriers, the state ousted federal agents, allowing them entry only in specific circumstances.

"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," Texas Gov. Greg Abbott said of the move.

In the weeks since, the Biden administration has been working through the courts to regain entry to the park and dismantle the defenses therein.

NewsNation reported that following the Monday Supreme Court ruling, Texas officials have been spotted installing new razor wire and anti-climb fences. Federal agents have not yet been seen attempting to enter Shelby Park to cut the wire.

Footage shared to X by CBS News' Camilo Montoya-Galvez appears to show Texas National Guard soldiers setting up more wire in Eagle Pass to help curb the influx of foreign nationals into the country.

— (@)

Rep. Randy Weber (R-Texas) championed Texas' apparent installation of additional razor wire, telling NewsNation, "Quite frankly, I think that Gov. Abbott needs to tell the federal government to stay out of Texas, in my opinion. They're not protecting the border, they've done a lousy job as an administration, they're not putting the policies in effect that need to be there to deter people from coming."

Following the Supreme Court's ruling, Abbott wrote, "This is not over. Texas' razor wire is an effective deterrent to the illegal crossings Biden encourages. I will continue to defend Texas' constitutional authority to secure the border and prevent the Biden Admin from destroying our property."

The Texas National Guard continues to hold the line in Eagle Pass.\n\nTexas will not back down from our efforts to secure the border in Biden\u2019s absence.
— (@)

"The Supreme Court's temporary order allows Biden to continue his illegal effort to aid the foreign invasion of America," Texas Attorney General Ken Paxton said of the ruling. "The destruction of Texas's border barriers will not help enforce the law or keep American citizens safe. This fight is not over, and I look forward to defending our state's sovereignty."

Rep. Chip Roy (R-Texas) blasted the interlocutory order, writing, "This opinion is unconscionable and Texas should ignore it on behalf of the [Border Patrol Union] agents who will be put in a worse position by the opinion and the Biden administration's policies."

The Border Patrol Union indicated the removal of wire would "undoubtedly encourage more illegal immigration" and hinder Border Patrol agents' efforts to target criminal elements crossing the border illegally.

"The administration no doubt will say this is a win for border security, but if they sought rank and file input, they would be told this will do the exact opposite," the union said in a statement. "Agents support what Texas was trying to accomplish in the absence of true border security policies from this administration."

"I think it's disgraceful," Texas Sen. Ted Cruz (R) told the Messenger. "And it is unfortunately the manifestation of the Biden administration actively fighting against the state of Texas to try to prevent Texas from securing our border."

Blaze News previously reported that the Biden White House alternatively celebrated the decision, stressing the wire "got in the way."

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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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Texas seizes riverfront park in Eagle Pass to curb onslaught of illegal aliens



Texas seized control of a 47-acre municipal park in Eagle Pass Wednesday evening under an emergency declaration from Republican Gov. Greg Abbott in an effort to stem the flood of illegal aliens into the state. Shelby Park, which was previously privatized as part of Operation Lone Star, adjoins a high-traffic portion of the Rio Grande where Abbott deployed his floating wall to the Biden administration's chagrin.

Along with the public and illegal aliens, federal Border Patrol agents are not permitted to enter the park except to remove their remaining equipment and supplies.

"As caravans of migrants are moving through Mexico toward the U.S. border, we are making clear that Texas will be a tough place to cross," Abbott said Thursday evening.

The move came one month after the renewal of Abbott's May 2021 border disaster declaration and just days after Homeland Security Secretary Alejandro Mayorkas made the shocking admission that federal immigration authorities release over 85% of the illegal aliens they detain.

Eagle Pass Mayor Rolando Salinas noted in a video shared to Meta Wednesday evening that he received a call from Victor Escalon, South Texas regional director for the Texas Department of Public Safety, indicating the state planned to take "full control" of the park. Sure enough, Humvees rolled in just before midnight and state agents blocked entrances to the park, reported Texas Public Radio.

— (@)

"They tell me that the mission is to prevent undocumented people from crossing into Eagle Pass," Salinas said during a press conference Thursday. "That is not something that the city wanted, requested, asked for."

Under the direction of the DPS, Salinas reportedly signed an affidavit in June 2022 declaring Shelby Park his personal property, enabling the state to close the park to the public, to install defensive wire and obstacles along the riverbank, and to arrest illegal aliens caught skirting through.

While the Eagle Pass City Council voted in August 2023 to rescind the affidavit, wresting the park from Operation Lone Star and making it public once again, Salinas reinstated the authorization for the DPS one month later and signed a declaration of emergency over the migrant crisis.

Salinas indicated Thursday he was told that the state was taking control of the park "indefinitely" under the border disaster declaration.

Abbott spokeswoman Renae Eze said in a statement obtained by The Hill, "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. Instead of enforcing federal immigration laws, the Biden Administration allows unfettered access for Mexican cartels to smuggle people into our country."

"Texas will continue to deploy Texas National Guard soldiers, DPS troopers, and more barriers, utilizing every tool and strategy to respond to President Biden's ongoing border crisis," added Eze.

The Hill indicated Customs and Border Protection officials did not respond to requests for comment.

The National Border Patrol Union said in a statement obtained by Fox News' Bill Melugin, "Governor Abbott is not harming Border Patrol operations, he is enhancing them. His seizing control of Shelby Park allows our agents to deploy to troubled spots that experience high numbers of gotaways. Governor Abbott’s actions should be seen as a force multiplier."

The Texas Military Department stated, "The Texas National Guard has maintained a presence with security points and temporary barrier in Shelby Park since 2021. The current posture is to prepare for future illegal immigrant surges and to restrict access to organizations that perpetuate illegal immigrant crossings in the park and greater Eagle Pass area."

Over 300,000 illegal aliens stole into the U.S. in December, the highest monthly tally on record, reported CBS News. Not including border crossings this month or the multitudes of migrants whose entries have already gone unreported, that puts the total for this fiscal year at over 800,000.

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

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Biden DOJ sues Texas to kill law criminalizing illegal immigration



The Biden Department of Justice made good Wednesday on its threat to sue Texas for attempting to protect American sovereignty amidst an unprecedented flood of illegal aliens over the southern border. The lawsuit comes one day after the Biden administration requested that the Supreme Court allow federal agents to remove some of the Lone Star State's more effective border defenses.

The complaint, filed in the U.S. District Court for the Western District of Texas, claims the efforts of the Republican-led state to do what the Biden administration appears unwilling or unable to do as it regards the border "through [Senate Bill 4], intrude on the federal government's exclusive authority to regulate the entry and removal of noncitizens, frustrate the United States' immigration operations and proceedings, and interfere with U.S. foreign relations."

What's the background?

SB4 was ratified by Gov. Greg Abbott on Dec. 18 and goes into effect in March 5. It is one of a handful of new tools Republicans furnished Texas with last month to address record-high monthly illegal border crossings.

The over 300,000 illegal aliens who stole into the nation in December not only set an all-time monthly record, according to CBS News, but possibly pushed the number of reported illegal entries under President Joe Biden's watch past 7 million.

Should the DOJ's intervention fail, SB4 will make illegal entry into the Lone Star State a class B misdemeanor as well as allow for foreign nationals who refuse to leave the country to be charged with a second-degree felony, which carries prison time of up to 20 years.

Under the law, illegal aliens found in Texas "at any time" who have previously been convicted of two or more misdemeanors involving drugs, crimes against a person, or both would be charged with a third-degree felony.

Leftist groups like the ACLU, long supportive of flouting federal immigration law, beat the Biden DOJ to the punch, alleging Texas would be usurping federal authority by enacting SB4.

The Mexican regime also condemned Texas over the legislation, stating on Nov. 15 that "the Government of Mexico categorically rejects any measure that allows state or local authorities to detain and return Mexican or foreign nationals to Mexican territory."

The Biden White House joined other leftist outfits and the foreign power in criticizing Texas. White House press secretary Karine Jean-Pierre called SB4 "an extreme law that will not and does not make the communities in Texas safer."

"And it is incredibly unfortunate. But this is what we see from particular Republicans trying to dehumanize a group of people who are coming here or some of them trying to migrate here," continued Jean-Pierre. "And — and they're putting them in harm’s way. They're putting them in harm's way."

The Biden DOJ threatened Abbott in a Dec. 28 letter that it was planning to "bring a lawsuit to enforce the supremacy of federal law and to enjoining the operation of SB4." It followed through on Wednesday.

DOJ's fight to ax law criminalizing illegal immigration

The lawsuit filed Wednesday "on behalf of the United States, including the Justice Department, the Department of Homeland Security, and the Department of State," claims that "Texas's SB 4 is preempted by federal law and thus violates the Supremacy Clause of the United States Constitution. That conclusion is strongly reinforced by the Foreign Commerce Clause."

While acknowledging that improper entry into the U.S. is already a crime, the DOJ cited the Supreme Court's 2012 ruling in Arizona v. United States, stressing "'the removal process' must be 'entrusted to the discretion of the Federal Government,' in part because a 'decision on removability . . . touch[es] on foreign relations and must be made with one voice.'"

In addition to warning that SB4 might "undermine U.S. efforts to convince governments worldwide to implement or strengthen their international protection systems and uphold their respective non-refoulement obligations," the complaint suggested the law would "also impede the federal government's ability to take appropriate enforcement actions and assess a noncitizen' national-security and public-safety risks."

The DOJ requested that the court declare SB4 invalid and permanently enjoin Texas from enforcing the law.

"Texas cannot disregard the United States Constitution and settled Supreme Court precedent," Principal Deputy Assistant Attorney General Brian Boynton said in a statement. "We have brought this action to ensure that Texas adheres to the framework adopted by Congress and the Constitution for regulation of immigration."

"Under the Supremacy Clause of the Constitution and longstanding Supreme Court precedent, states cannot adopt immigration laws that interfere with the framework enacted by Congress," said departing Associate Attorney General Vanita Gupta. "The Justice Department will continue to fulfill its responsibility to uphold the Constitution and enforce federal law."

Abbott responded Wednesday evening, writing, "Biden sued me today because I signed a law making it illegal for an illegal immigrant to enter or attempt to enter Texas directly from a foreign nation. I like my chances."

"Texas is the only government in America trying to stop illegal immigration," added the Republican governor.

Abbott spokeswoman Renae Eze told CBS News in late December, "Texas is prepared to take this fight all the way to the U.S. Supreme Court to protect Texans and Americans from President Biden's open border policies."

"President Biden's deliberate and dangerous inaction at our southern border has left Texas to fend for itself," continued Eze. "Governor Abbott signed Senate Bill 4 into law last week to help stop the tidal wave of illegal entry into Texas as the President refuses to enforce federal immigration law."

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Gov. Abbott ratifies law allowing Texas police to arrest illegal aliens — to the great displeasure of open-border leftists



Texas Gov. Greg Abbott ratified legislation Monday effectively making illegal immigration a state crime — an apparent necessity in light of the Biden administration's apparent inability or unwillingness to enforce federal immigration law. Police will soon be able to arrest foreign nationals who illegally steal into the U.S. Magistrates will also be able to order illegal aliens to leave the country.

Senate Bill 4, which goes into effect in March, is one of a handful of new tools Texas has been equipped with to address record-high monthly illegal border crossings.

"Four years ago, the United States had the fewest illegal border crossings in decades," Abbott said in a statement. "It was because of four policies put in place by the Trump administration that led to such a low number of illegal crossings."

In fiscal year 2020, there were 400,651 southwest border encounters between October and September. By contrast, in fiscal year 2022, there were 2,387,944 encounters during the same stretch. Over 6.6 million illegal aliens have illegally crossed the border since President Joe Biden took office.

"President Biden has eliminated all of those policies and done nothing to halt illegal immigration. President Biden's deliberate inaction has left Texas to fend for itself," added Abbott.

— (@)

Laying down the law

Both chambers of the Texas legislature passed SB 4 in November. This legislation, proposed by Republican state Rep. David Spiller, would make illegal entry into the Lone Star State a class B misdemeanor as well as allow for foreign nationals who refuse to leave the country to be charged with a second-degree felony, which carries prison time of up to 20 years.

Additionally, illegal aliens found "at any time" who have previously been convicted of two or more misdemeanors involving drugs, crimes against a person, or both would be charged with a third-degree felony.

The law provides civil immunity and indemnification for local and state government officials to spare them from lawsuits resulting from the application of Texas law. However, law enforcement officials cannot perform such arrests at schools, churches, sexual abuse shelters, and hospitals.

Spiller indicated in October that this legislation was a "Texas solution to a Texas problem. It is a humane, logical, and efficient approach to a problem created by the Biden Administration [sic] continued failure and refusal to secure our border. Not only does it not overburden our criminal justice system, it should be less costly than detaining many people that we are currently expending funds to house."

"There is nothing unfair about ordering someone back from where they came if they arrived here illegally" added Spiller.

Texas Lieutenant Governor Dan Patrick called SB4 “the strongest border security bill Texas has ever passed.”

Backlash from the usual suspects

Blaze News previously reported that Mexican authorities have been critical of SB4, noting in a Nov. 15 statement that "the Government of Mexico categorically rejects any measure that allows state or local authorities to detain and return Mexican or foreign nationals to Mexican territory."

Democrats, liberal media outfits, and other leftist activists have joined the foreign power in denouncing SB4.

The ACLU of Texas threatened last month to sue if Abbott ratified SB4.

"Senate Bill 4 (88-4) overrides federal immigration law, fuels racial profiling and harassment, and gives state officials the unconstitutional ability to deport people without due process, regardless of whether they are eligible to seek asylum or other humanitarian protections," said Oni Blair, executive director at the ACLU of Texas.

"These new measures will not rebuild trust among immigrant communities that have long grappled with the specter of detention and deportation," said Krish O'Mara Vignarajah, Michelle Obama's former policy director now serving as CEO of the Lutheran Immigration and Refugee Service — another group that welcomes illegal aliens into the U.S.. "To the contrary, they are poised to create a chilling effect, deterring immigrants from seeking necessary assistance or cooperating with law enforcement, and jeopardizing the safety and cohesion of Texan communities as a whole."

The pro-illegal-immigration group Border Network for Human Rights threatened to stage a "journey of resistance" caravan along the Texas-Mexico border, teaching migrants how they can circumnavigate state law and exert political influence stateside to have the law repealed, reported WWTI-TV.

Democratic Rep. Veronica Escobar (Texas), a supporter of the BNHR's efforts, stated, "What the state of Texas is doing and our governor and members of the (Republican-led) Legislature are doing is they want to have a state immigration system, and that is against our Constitution, against federal law."

U.S. Rep. Joaquin Castro (D-Texas) and other leftist lawmakers have written to the Biden Department of Justice, asking it to sue Texas to block SB4 from going into effect.

"We urge you to assert your authority over federal immigration and foreign policy and pursue legal action, as appropriate, to stop this unconstitutional and dangerous legislation from going into effect," said the letter.

Thirty former immigration judges issued a statement on Nov. 10 claiming SB4 "is not lawful."

Liberal media outlets have repeatedly compared SB4 to a 2010 Arizona law, Senate Bill 1070, that was ultimately struck down in 2012 by the Supreme Court.

"The core question is whether the states can make it a crime to violate federal immigration law and detain an alien for violating that law," said Josh Blackman, a constitutional law professor at South Texas College of Law Houston, told the New York Times.

"What Texas is doing is taking up Arizona's mantle," said Daniel Morales, a law professor at the University of Houston. "This is a complete relitigation of the issues that appeared and were settled in that case."

Some state Republican lawmakers figure the law might get a fairer hearing before the high court now that it has more conservative justices on the bench, reported the Texas Tribune.

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