Texas won’t back down.
The state’s Attorney General, Ken Paxton, just issued an absolutely scorching response to a ‘cease and desist’ order given by the Department of Homeland Security.
On January 14, the Biden Admin’s DHS sent AG Paxton a letter ordering the Texas Military Department to shut down its “enhanced border security measures in Eagle Pass’s Shelby park” – referring to National Guardsmen kicking out federal border patrol agents from the area. The deadline for compliance was today – January 17th.
However, instead of giving in to their demands, Paxton sent a response letter, and it is LEGENDARY.
He begins by asking the Biden admin “When were you planning to start?” with fulfilling the federal government’s obligation to secure our nation’s borders, as established by the Constitution.
Then, he goes on to thoroughly debunk their claims.
Check out the letter here:
NEW: “According to your letter, ‘the U.S. Constitution tasks the federal government with… securing the Nation’s borders.’ When were you planning to start?”
Texas AG Ken Paxton responds to threats from DHS— “Your letter misstates both the facts and the law in demanding that… pic.twitter.com/Vo0zE1YsvP
— Ali Bradley (@AliBradleyTV) January 17, 2024
AG Ken Paxton just told the Biden administration to go pound sand regarding threats from DHS.
Paxton also reiterated that Biden’s “sustained dereliction of duty in securing the border is illegal.”
Some might call it treason. https://t.co/YvGaOAszn1
— Paul A. Szypula 🇺🇸 (@Bubblebathgirl) January 17, 2024
You can also click here to read the full letter.
Dallas Morning News provided local coverage of the story:
Texas will disregard the federal government’s demand to give Border Patrol agents access to the Rio Grande through a state-controlled park in Eagle Pass, Attorney General Ken Paxton said in a blunt reply letter Wednesday.
Paxton defended the state’s takeover of Shelby Park in Eagle Pass, saying the “facts and law side with Texas,” and criticized President Joe Biden’s immigration policies.
Paxton also blasted the Department of Homeland Security for blaming last week’s drowning deaths of three migrants on the state, writing that federal agents were not denied access to the Rio Grande during the incident.
“The State will continue utilizing its constitutional authority to defend her territory, and I will continue defending those lawful efforts in court,” Paxton wrote to Jonathan E. Meyer, Homeland Security’s general counsel.
Meyer penned a cease-and-desist letter to Paxton on Sunday that warned of action from the U.S. Justice Department if the state and the Texas Military Department did not stop blocking Border Patrol agents from the U.S.-Mexico border after fencing off the almost 50-acre park.
Paxton acknowledged that federal law gives the 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.’”
Our friends at The Gateway Pundit also gave their insights on AG Paxton’s letter:
AG Paxton published a response letter today debunking several claims made by DHS in their original letter, stating, “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.”
“Your demand letter rests on a more fundamental misunderstanding of federal law and the role of sovereign States within our constitutional order,” writes AG Paxton. He then cites the federal statute DHS invoked in their letter that gives US Border Patrol “warrantless access to land within 25 miles of the border”. But AG Paxton points out that it states “for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States.”
AG Paxton argued that because a federal court found DHS as an “utter failure…to deter, prevent and halt unlawful entry into the United States”, DHS cannot “claim the statutory duties [it is] so obviously derelict in enforcing as excuses to puncture to puncture [Texas’s] attempts to shore up the [Biden Administration’s] failing system.” Texas v DHS, 2023 WL 8285223.
In return, AG Paxton wrote that the Biden Administration had failed to uphold their duties under Article IV, Section 4 of the U.S. Constitution that states the federal government “shall protect each of [the States] against Invasion.”
The letter then lists several “false claims” that “must be debunked”, including the claim that U.S. Border Patrol is being restricted from responding to a medical emergency in part because they withdrew from Shelby Park last year: