Justice Department asks Supreme Court to tell Texas to stop blocking US border agents from their patrols

MCALLEN, TEXAS >> The Justice Department on Friday asked the Supreme Court to order Texas to stop blocking Border Patrol agents from a portion of the U.S.Mexico border where large numbers of migrants have crossed in recent months, setting up another showdown between Republican Gov. Greg Abbott and the Biden administration over immigration enforcement.

The request comes after Texas put up fencing to take control of a nearly 50-acre (20-hectare) public park along the Rio Grande in Eagle Pass, which was a crossing point for thousands of migrants entering from Mexico last year.

Although a similar power struggle played out in the same region more than a year ago, the area Texas closed off this week prevents federal agents from accessing a larger and more visible crossing spot.

Along one stretch, armed Texas National Guard members and their vehicles are preventing Border Patrol agents from accessing the river, the Justice Department said in court filing. The Texas National Guard also allegedly used a military Humvee to keep Border Patrol agents off an access road.

“Because Border Patrol can no longer access or view this stretch of the border, Texas has effectively prevented Border Patrol from monitoring the border,” the Justice Department wrote in a filing.

Abbott told reporters Friday that Texas has the authority to control access to any geographic location in the state.

The closure of Shelby Park was an escalation of the governor's border enforcement efforts known as Operation Lone Star. The state and federal government are involved in multiple legal disputes over actions Texas has taken since 2023, including the use of buoys in the middle of the international river, the installment of razor wire, and an upcoming law that will allow police to arrest migrants.

Abbott defended closing off the park as he faced backlash from Democrats over telling conservative radio host Dana Loesch last week that Texas has done everything to curb illegal crossings short of shooting people. Loesch had asked Abbott how far Texas could go on the border before someone might arrest him.

“The only thing that we're not doing is we're not shooting people who come across the border because of course the Biden administration would charge us with murder,” he said as he discussed a New York City lawsuit against charter bus companies that he has used to transport migrants from Texas.

Mexico's foreign relations secretary denounced the comments, saying they could lead to violence and are dehumanizing to migrants.