DHS is ordering Texas to cease and desist in blocking Customs and Border Patrol (CBP) access in and around Shelby Park, and to "remove all barriers to access" by end of day on January 17.
According to DHS General Counsel Jonathan E. Meyer, who sent the letter to Texas Attorney General Ken Paxton, the actions of Texas in blocking federal government access to the land in Eagle Pass "are clearly unconstitutional and are actively disrupting the federal government's operations."
"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," Meyer wrote.
"The recent actions by the State of Texas have impeded operations of the Border Patrol. Those actions conflict with the authority and duties of Border Patrol under federal law and are preempted under the Supremacy Clause of the Constitution."
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Meyer's use of the word "impeded," in this context, seems to imply that DHS will take criminal action against officers and agents of the State of Texas for carrying out the order of Gov. Greg Abbott in securing Shelby Park and preventing Border Patrol from entering the area.
According to 18 U.S. Code § 111, it is a federal crime to "impede" or "interfere" with certain officers or employees of the federal government. Those who do could face serious charges.
"Whoever forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title while engaged in or on account of the performance of his official duties, shall be fined not more than $5,000 or imprisoned not more than three years, or both," read the sentencing guidelines of the statute.
As a little background, the Texas Military Department seized Shelby Park in Eagle Pass while expelling Border Patrol agents. Immediately afterwards, Texas National Guard units moved into the park and set up barriers, ordering all remaining Border Patrol agents to leave the park.
Reports also indicate that Eagle Pass Mayor Rolando Salinas signed an affidavit last June declaring the park to be his personal property, a move that was recently rescinded, unanimously, by the Eagle Pass City Council.
Shelby Park also served as the staging area for Abbott's floating wall, a 1,000-foot string of buoy barriers designed to deter illegal immigration. The Department of Justice (DoJ) and a local business owner sued Abbott over the buoys, arguing that they are a public safety hazard and a threat to both the environment and to diplomatic relations with Mexico.
The night after Texas Nationals Guardsmen erected barriers around the park and told Border Patrol agents to leave, a Mexican migrant woman with two small children drowned in the Rio Grande. Other migrants who waded into the water and became distressed also had to be rescued by Mexican officials.
Biden regime officials and U.S. Representative Henry Cuellar (D-Tex.) say the drownings are the direct result of Abbott's decision to block Border Patrol agents from accessing the park, to which Abbott responded that the claim is "wholly inaccurate."
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