COME AND TAKE IT! Texas DEFIES cease-and-desist order from Biden administration amid Border Patrol access dispute
01/26/2024 // Laura Harris // Views

Texas refuses to comply with a cease-and-desist letter from the Biden administration after the state blocked the U.S. Border Patrol agents from reaching the epicenter of southwest border illegal immigration in Eagle Pass.

On Jan. 21, the Biden administration urged Texas to cease impeding U.S. Border Patrol access in Shelby Park, which the Texas National Guard took control of that week. Department of Homeland Security (DHS) General Counsel Jonathan Meyer wrote to Texas Attorney General Ken Paxton that the combination of Texas National Guard soldiers, equipment and physical barriers is unconstitutionally restricting Border Patrol access to approximately 2.5 miles of the border.

"The recent actions by the State of Texas have impeded operations of the Border Patrol. Those actions conflict with the authority and duties of the 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," wrote Meyer. (Related: Biden regime threatens WAR with Texas over border security: "Give us access, or else.")

Meyer emphasized the conflict between the recent actions of Texas and the federal authority and the duties of the Border Patrol, citing violations of the Supremacy Clause of the Constitution. He insisted that Texas must immediately cease any actions that hinder the full access of Border Patrol to the U.S.-Mexico border, particularly in the Shelby Park area.

But Paxton strongly rejected the cease-and-desist order in his response to the DHS.

"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," Paxton wrote.

DHS blames Texas for Rio Grande drowning incident

The letter pointedly noted a recent incident wherein a woman and two children tragically drowned in the Rio Grande in Eagle Pass, Texas. Meyer argued that even in cases of imminent danger to life and safety, the actions of Texas persist in obstructing the access of Border Patrol agents to the border for law enforcement and emergency response activities.

"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," wrote Meyer.

Federal officials confirmed the drownings on Jan. 20 and revealed that Texas National Guard troops acting under the direction of Governor Greg Abbott prevented Border Patrol agents from entering the area. However, the Texas Military Department contested the DHS statement, claiming that their personnel were aware of a distress report but couldn't locate the migrants. Paxton also noted that federal officials did not request access to the park on the night of the incident.

"Your attempt to blame Texas for three migrant deaths on January 12, 2024, is vile and, as you now should be aware, completely inaccurate. Three individuals drowned that night on the Mexican side of the Rio Grande, but that tragedy is your fault. Contrary to your letter, [the Texas Military Department] did not prevent U.S. Border Patrol from entering Shelby Park to attempt a water rescue of migrants in distress," Paxton said.

The Biden administration contends it is complying with asylum law by detaining and processing unauthorized border crossers, but Paxton offers a different interpretation.

"Quite apart from the Shelby Park specifics, your demand letter rests on a more fundamental misunderstanding of federal law and the role of sovereign states within our constitutional order. This much is clear from your invocation of a federal statute that gives U.S. Border Patrol warrantless access to land within 25 miles of the border, but only for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States. President Biden has ordered your agency to do the exact opposite, in keeping with his open-borders campaign promise. There is not even a pretense that you are trying to prevent the illegal entry of aliens," wrote Paxton.

Visit for more stories about Texas implementing measures to secure the southern border.

Watch Rep. Chip Roy (R-TX) say that the Biden administration is "encouraging the chaos" and "more flow" of illegals across the southern border.

This video is from the NewsClips channel on

More related stories:

Texas border sector reports 10K known border crossers in single week.

Should Texas ban Biden from the ballot for not securing the border?

Texas DPS troopers rescue over 900 SMUGGLED CHILDREN at the southern border.

24 Republican governors pledge to support Texas in securing US-Mexico border.

Texas to place FLOATING BARRIERS along Rio Grande River to block border crossers.

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