EAGLES PASS, Texas (NewsNation) — The Justice Department on Friday asked the Supreme Court 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, setting up another showdown between Republican Gov. Greg Abbott and the Biden administration over immigration enforcement.
The request comes after Texas put up fencing to take control of a nearly 50-acre public park along the Rio Grande in Eagle Pass, which was a crossing point for thousands of migrants entering from Mexico last year. Although a similar power struggle played out in the same region more than a year ago, the area Texas closed off this week prevents federal agents from accessing a larger and more visible crossing spot.
“Texas’s new actions since the government’s filing demonstrates 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,” the Justice Department wrote in its filing to the U.S. Supreme Court.
Along one stretch, armed Texas National Guard members and their vehicles are preventing Border Patrol agents from accessing the river, the Justice Department said in the court filing. The Texas National Guard also allegedly used a military Humvee to keep Border Patrol agents off an access road.
“Because Border Patrol can no longer access or view this stretch of the border, Texas has effectively prevented Border Patrol from monitoring the border,” the Justice Department wrote in part in a filing. “This Court should vacate the injunction pending appeal in order to restore access to the border it is charged with patrolling and the migrants it is responsible for apprehending, inspecting, and processing.”
Abbott 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.
The Associated Press contributed to this report.