[UPDATE] DHS Warns Texas of Legal Action Amid Border Row

The Department of Homeland Security (DHS) is threatening Texas with potential legal action that it can take over the latter's seizure of the park along the Rio Grande River.

The border row between the Republican-led state and the federal government continues as Texas has continued to block federal agents' access from a part of the southern border. The department claims that the state's actions are unconstitutional and impede Border Patrol operations.

DHS Warns Texas of Potential Legal Action

(Photo : John Moore/Getty Images)
The Department of Homeland Security (DHS) issued a warning to Texas, arguing that it would take legal action if the state continues to block access for federal agents to a part of the border.

In a letter sent to Texas Attorney General Ken Paxton, the DHS said they were demanding Texas cease and desist its efforts to block Border Patrol's access in and around the Shelby Park area. The DHS also called on Texas to remove all barriers to access in the area in question.

The Republican-led state took control of Shelby Park in Eagle Pass on Wednesday, as the area had previously served as a staging area for processing during migrant surges.

On the other hand, the Texas Military Department said that the move was made to prepare for future illegal immigrant surges and prevent organizations that "perpetuate illegal immigrant crossings in the park and greater Eagle Pass area," as per Fox News.

That particular development marked a rapid escalation in already high tensions between the federal government and the state of Texas over border security. Currently, there are several ongoing lawsuits between the two parties.

The DHS said in its letter that Texas is blocking Border Patrol from approximately 2.5 miles of the border. The department also noted that some barriers the state deployed were on federal land.

The letter noted that while Texas has claimed that it has re-opened the use of Shelby Park to the public, it still prevented Border Patrol from entering the area. The state was also said to have been keeping federal agents from using the area under the adjacent port of entry where Border Patrol has certain property stored for use when migrants are taken into custody.

Blocking Border Patrol Access

DHS General Counsel Jonathan Meyer was the one who wrote the department's letter that was sent to Texas authorities and was dated Jan. 14. He noted that Texas had until Wednesday to cease and desist before they refer the matter to the Department of Justice (DOJ) for "appropriate action and consider all other options available to restore Border Patrol's access to the border," according to ABC News.

The American official said that the state's failure to provide access to the border persists even in instances of imminent danger to life and safety. This was a reference to three migrants who lost their lives after they drowned in the Rio Grande River last week.

A Texas Democrat, Rep. Henry Cuellar, said that the incident marked a tragedy, adding that the state should bear the responsibility. Before the news of the drownings, Border Patrol learned that six migrants were in distress in the Rio Grande at around 9:00 p.m. on Friday last week.

CNN said they reportedly tried to cooperate with the Texas Military Department and the Texas Department of Public Safety to respond to the issue but were unsuccessful.