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Texas AG Ken Paxton Stands Firm Against DHS, Refuses to Relinquish Control of Shelby Park in Eagle Pass

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Published on January 27, 2024
Source: Texas Attorney General's Office

Texas Attorney General Ken Paxton is doubling down against the Biden Administration, refusing to comply with demands to end border security measures at Shelby Park in Eagle Pass and surrender the land to the U.S. Department of Homeland Security (DHS), according to a statement released by his office.

The standoff began after the Texas Military Department took control of the park on January 11 to bolster security as the state confronts what it describes as an ongoing invasion; the DHS countered the move, alleging the actions are unlawful, demanding that Texas stand down by tearing down all obstructions and opening the park, however, Paxton has remained firm, rejecting the claims in a January 17 letter and countering with demands of his own for the federal agency to provide proof of its claims.

Paxton's retort to the DHS is clear, stating, "Presumably because you have no meaningful response to our letter, your latest letter abandons earlier factual assertions, asserts new ones, and supplies even less of a legal basis for your demand," and he further noted in his communications that instead of taking legal action against Texas, the department's efforts would be better spent enforcing the immigration laws already established by Congress.

Insisting on a transparent exchange, Paxton has given the DHS until February 15 to present official documentation that supports its ownership claims over Shelby Park, including official plat maps and deeds, a rationale explaining how Texas is impeding access to the parcels in question, as well as proof that the DHS was ever granted permission by Eagle Pass or Texas to construct impediments to border security, Congress's empowerment for DHS to turn Shelby Park into what Texas views as an illegal port of entry, in the absence of not only a cogent legal argument but even the basic authority to enforce such intrusive demands Paxton remains determined to stand against the federal pressure.

This ongoing conflict marks another chapter in the contentious debate over border security between Texas and the federal government, with both sides showing little sign of retreating from their entrenched positions.