The U.S. Department of Homeland Security has ordered the Texas National Guard to cease its activities at the U.S.-Mexico border after Texas Gov. Greg Abbott opted to use state resources and personnel to stem the flow of illegal border crossers.
Gov. Abbott’s decision followed record-high levels of illegal immigration across the southern border, including a recent surge in crossings in Eagle Pass, Texas.
Just last month, Abbott signed several bills into law that gave state authorities the power to enforce border laws.
“President Biden’s deliberate inaction has left Texas to fend for itself,” Abbot said
On Jan. 11, Texas media reported on National Guard troops occupying Shelby Park in Eagle Pass and subsequently denying access to federal agents.
According to documents filed with the Supreme Court, the Department of Homeland Security alleges that Texas National Guard troops are denying Border Patrol agents access to approximately 2.5 miles of the Texas-Mexico border and blocked a boat ramp used by Border Patrol agents.
Meyer called Texas’ actions illegal, writing that recent actions taken by the Texas National Guard “conflict with the authority and duties of Border Patrol under federal law and are preempted under the Supremacy Clause of the Constitution.”
He demanded that Texas immediately “cease and desist” any actions taken by the State that block Border Patrol’s full access to the U.S.-Mexico border in and around the Shelby Park area.
At the end of the letter, Meyer added an ultimatum for the Texas state government.
Meyer wrote that if Texas doesn’t allow federal Border Patrol agents access to the Shelby Park area by the end of the day on January 17, the DHS 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.”