Biden administration says Texas is blocking agents from portion of border with Mexico

The Justice Department alleged Friday that Texas border officers erected additional concertina wire and fence on the banks of the Rio Grande, making it impossible for Border Patrol agents to do their jobs along the busiest parts of the U.S.-Mexico border.

The court filing Friday continues a back-and-forth between Texas and the Justice Department over proper jurisdiction for border security. The federal government asked the Supreme Court to weigh in on the disagreement last week.

Friday’s filing alleges additional fence erected Wednesday makes it impossible for Border Patrol agents to access certain parts of the Rio Grande important to its border security mission along a 2 1/2-mile stretch near Eagle Pass, Texas. 

The sections include a city park that contains the Border Patrol’s primary boat ramp into the river and a staging area used for processing apprehended migrants. The Justice Department said the Texas National Guard did not allow Border Patrol agents to use the boat launch or staging area.

“Texas’s new actions since the government’s filing demonstrate an escalation of the State’s measures to block Border Patrol’s ability to patrol or even to surveil the border and be in a position to respond to emergencies,” it continues.

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The Justice Department also said the Texas National Guard blocked Border Patrol access to the border fence along its normal access roads with fences, barbed wire and parked vehicles.

“The Texas National Guard has now blocked Border Patrol’s access to the area, rendering its agents unable to place mobile surveillance trucks,” the filing reads. “Border Patrol’s ability to view this portion of the border is now limited to a narrow sliver from a single surveillance camera located outside of the newly fenced area.”

A previous court order allowed the Border Patrol to remove Texas fencing and barbed wire only if it was necessary to provide lifesaving aid. Federal attorneys said the new lack of access prevents that from being possible.

“Because Border Patrol can no longer access or view this stretch of the border, Texas has effectively prevented Border Patrol from monitoring the border to determine whether a migrant requires the emergency aid that the court of appeals expressly excepted from the injunction,” the filing reads.

In an appeal to the Supreme Court last week, federal prosecutors said the barbed wire and fences pose “serious on-the-ground consequences” for border patrol agents, as well as migrants coming into the United States.

Texas Gov. Greg Abbott (R) said Friday that the state government has the authority to control any land in the state. 

“That authority is being asserted,” he said.

The conflict between Texas and the federal government has heated up for months. It came to legal blows last summer, when the state placed buoys in the Rio Grande, preventing crossing near Eagle Pass. The buoys were later removed after a court order and complaints from the Mexican government.

Last month, Abbott signed a bill allowing Texas state law enforcement to make arrests at the border, an authority previously held only by the federal Border Patrol. The move also allowed local judges to order deportation and has been challenged by the federal government.