Exclusive: Biden administration demands Texas immediately stop blocking Border Patrol access

Originally Published: 14 JAN 24 20:37 ET

Updated: 14 JAN 24 21:03 ET

By Priscilla Alvarez, CNN

(CNN) — The Biden administration demanded Sunday that Texas immediately stop its efforts blocking US Border Patrol’s access along a portion of the US-Mexico border, where late Friday a woman and two children drowned after agents were barred from the area by state officials, according to a Department of Homeland Security letter exclusively obtained by CNN.

The letter, directed to Texas Attorney General Ken Paxton, states that Texas’ actions “have impeded operations” and are unconstitutional. It also cites the incident on Friday when Border Patrol contacted Texas officials after learning of a group of migrants attempting to cross the Rio Grande and requested access to the border but were denied. Three people died.

“Texas’s failure to provide access to the border persists even in instances of imminent danger to life and safety,” the letter from DHS General Counsel Jonathan Meyer reads. “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.”

The Texas Military Department denied the account over the weekend, saying in a statement that its security personnel didn’t observe any distressed migrants. CNN has reached out to Paxton’s office for comment on the letter.

Tensions between Texas Republican Gov. Greg Abbott and President Joe Biden have been escalating over the situation along the US southern border, culminating last week in the state blocking federal law enforcement from accessing a portion of the US-Mexico border in an extraordinary move. The federal government has the sole authority to enforce immigration law.

A combination of Texas National Guard soldiers, equipment and physical barriers has restricted Border Patrol from approximately 2.5 miles of the US-Mexico border, according to the letter. The Shelby Park area is located near Eagle Pass, Texas, which has seen a high number of border crossings.

A series of controversial actions taken by Texas has prompted the Biden administration to go to court on multiple occasions to try to block the state’s moves, which they argue interfere with their enforcement duties.

The Biden administration told the Supreme Court on Friday that Texas is effectively blocking the agents from accessing a portion of the US-Mexico border, stressing that new barriers erected by the state “reinforce” the federal government’s need for the high court to quickly intervene in the matter.

Texas officials responded early Saturday, arguing in a filing to the Supreme Court that the state is “working promptly” to ensure US Border Patrol agents have access to a boat ramp used to launch patrol boats into the Rio Grande.

Meyer stated in his letter to Paxton that while Texas claimed to have reopened the use of the park, the state continues to prevent Border Patrol from entering, and warned of potential additional legal action if the state doesn’t halt its efforts.

“We demand that Texas cease and desist its efforts to block Border Patrol’s access in and around the Shelby Park area and remove all barriers to access in the Shelby Park area,” the letter states.

“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,” the letter continues.

Abbott’s actions, which have included placing concertina wire along the state’s shared border with Mexico and deploying National Guard troops, have also strained a historically close relationship on the ground with Border Patrol.

“This is just mind-blowing,” a former Homeland Security official told CNN, referring to Texas blocking Border Patrol agents.

Eagle Pass — where Texas is blocking federal authorities — was the epicenter of the border crisis last month. But border crossings have since plummeted, from thousands of migrant apprehensions daily late last month to about 500 encounters daily last week, CNN previously reported.

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