The conflict at the border is heating up, not just the invasion, but the conflict between Governor Greg Abbott and Open Borders Biden. Texas has stepped up the use-of-force on illegal alien invaders, just as I predicted would need to be done, and Texas military (Texas National Guard and State Militia) and law enforcement is taking action to deprive the U.S. Border Patrol access to illegal aliens.
First, it is getting physical between Texans and the invaders. Previously Texas military and law enforcement were using passive techniques on the border, patrolling, building shipping container walls, and deploying barbed wire fencing. If invaders pushed through the barbed wire or climbed the containers, they were detained and turned over to the Border Patrol. Texas did not physically force invaders back through the wire or take any action to prevent them from cutting or crawling through. Especially important, Texas did not use pepper spray, pepper ball launchers, or baton rounds to force the illegal aliens back. There was talk about push-back, but no action. There were even promises of Texas deporting illegal aliens.
However, Texas is starting to use force. At the moment Texas is deploying riot trained troops with shields to prevent illegal aliens from forcing their way through the barbed wire and apparently making their own arrests for state offenses when the illegals cross, hopefully for battery on an officer or simple battery.
Texas ain’t messing around. Nice to see someone finally protecting our border pic.twitter.com/DgIaFXMwjM
— 🇺🇸Travis🇺🇸 (@Travis_in_Flint) January 15, 2024
Texas Military Starting to Use Force
NEW VIDEO: Here is TX National Guard attempting solo to manage migrants crossing in large groups in Eagle Pass, TX in Dec @FoxNews pic.twitter.com/ZRTOUAELsc
— Griff Jenkins (@GriffJenkins) January 13, 2024
Crossing the Barbed Wire Now Has Consequences
The new attitude of the Texas military and law enforcement is matched by expanded efforts to stop the Border Patrol from using Texas territory to process rather than deport illegal aliens, as is required by law. It appears that Governor Abbott or someone close to him might be reading my work.
The Texas National Guard has seized control of a park at the U.S. southern border and is now blocking Border Patrol from entering the area—part of an effort to stop the surge of illegal immigration into Texas and a move likely to significantly increase tensions between Texas Gov. Greg Abbott and the federal government.
The state government has taken control of Shelby Park in the city of Eagle Pass, Texas, which has been at the center of the migrant crisis that has engulfed the U.S. border. Authorities have now set up razor wire and fences to block off the area.
Texas Seizes Control Of Park, Blocks Border Patrol From Entering, As Part Of Anti-Illegal Immigration Efforts, by Adam Shaw and Bill Melugin, Fox News, January 11, 2024
The import of the park is that the Border Patrol established a processing center for illegal aliens, processing for release and not for mandatory deportation as required by the Expedited Removal statute.
The Biden Regime has immediately demanded the Supreme Court block the deployment of the Texas military and law enforcement on Texas sovereign territory, claiming that public property in Texas, in this case a municipal park and boat ramp, must be made available to the Border Patrol to let in invaders.
The Justice Department asked the Supreme Court on Friday to order Texas to stop blocking Border Patrol agents from a portion of the U.S.-Mexico border where large numbers of migrants have crossed in recent months, a move that sets up another showdown between Republican Gov. Greg Abbott and the Biden administration over immigration enforcement.
Biden Administration Asks Supreme Court To Stop Texas From Blocking Border Agent Patrols, by Valerie Gonzalez, LAT/MSN, January 13, 2024
Governor Abbott took a strong 10th Amendment stance: the State of Texas is sovereign and can take any property, especially municipal property, to effect military and law enforcement action.
The governor told reporters Friday that Texas has the authority to control access to any geographic location in the state.
“That authority is being asserted,” Abbott said.
Of course, the Border Patrol is not being prevented from doing anything: there are numerous boat ramps and other areas where the Border Patrol can access the Rio Grande. What is left unsaid is that the Border Patrol and Department of Justice are lying in their claims. They are not being prevented from their duties, but will only have to work harder. Unmentioned is when the State of California outlawed private employers from providing information under subpoena to the Department of Homeland Security (DHS) to enforce Federal laws against employing illegal aliens, interfering with Federal authority in the area of employment.
The government also lied when it claimed that it was enforcing Federal law, which is not true, since illegal alien invaders are being released and not detained or subject to Expedited Removal, as required by law. So the Supreme Court should find the government in contempt of court for making false statements in their filings.
It also includes the staging area that Border Patrol has used to evaluate and begin inspecting migrants that it has apprehended along this stretch of the border.
Supplemental Memorandum Regarding Emergency Application To Vacate The Injunction Pending Appeal, by Elizabeth Prelogar and Robert Danley, U.S. Department of Justice, January 12, 2024
Note here gross legal incompetence: the claim is that the aliens in question are being inspected. That is a legal fallacy in immigration law. An alien who appears at a Port-of-Entry (POE) and applies for admission is inspected under Title 8 United States Code Section 1225(b) Inspection By Immigration Officers, while an alien who is encountered after illegally entering the United States is detained and arrested under Title 8 USC Section 1226(a), Apprehension and Detention of Aliens. Two completely different legal concepts.
In fact, the only argument by the Border Patrol is that the Texas military is making the Border Patrol mission less convenient.
Approximately 2.5 miles north of the Shelby Park boat ramp is the Gonzalez boat ramp. The Gonzalez boat ramp is on private property, and is difficult to access because the road is not improved and becomes impassable during inclement weather…
Approximately 6.9 miles south of the Shelby Park boat ramp is another privately owned boat ramp, also in an unimproved area with ungraded road making access difficult.
And interfering, not with arrests, but with processing and rescues, with rescuing illegal aliens in distress—not a statutory responsibility of the Border Patrol.
Therefore, Texas’s action depriving Border Patrol of access to the Shelby Park boat ramp results in Border Patrol having no practical means for situational awareness on this portion of the water and no practical options for responding to migrants who may be in distress in this area, otherwise apprehending such migrants, or monitoring the area for contraband movements.
Practical or not, the Border Patrol must make do. The Federal government has no right to use Texas property and nothing in the Constitution prohibits Texas from fortifying the border. The Border Patrol can just go a few miles away and access the Rio Grande, but the real reason it wants Shelby Park is to make processing and releasing illegal aliens easier, when those aliens must be detained or removed under Expedited Removal.
(c) Custody issues and release procedures—
(1) In general.
(i) After the expiration of the Transition Period Custody Rules (TPCR) set forth in section 303(b)(3) of Div. C of Pub. L. 104–208, no alien described in section 236(c)(1) of the Act may be released from custody during removal proceedings except pursuant to section 236(c)(2) of the Act.
Events are going to get exciting soon. Let us hope that Governor Abbott stays the course. Time for Texas to get more aggressive.
