Attorney General Ken Paxton Responds to Biden Administration’s Demand that Texas “Cease and Desist” Securing its Border

By: Office of TX Attorney General Ken Paxton
| Published 01/17/2024

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AUSTIN, TX -- Texas Attorney General Ken Paxton has responded to a cease-and-desist letter sent by the Department of Homeland Security (“DHS”) demanding that Texas end its enhanced border security measures in Eagle Pass’s Shelby Park. DHS sent the letter on January 14 and requested compliance with their orders by January 17, threatening to escalate the issue.

On January 11, the Texas Military Department secured Shelby Park in Eagle Pass, Texas, to protect public safety and repair degradation that had occurred in the structure that was protecting local residents from illegal activities.

DHS then alleged that the increased security measures led to the deaths of several aliens who died after attempting to illegally cross the Rio Grande—claims that are contradicted by the Department of Justice’s filings with the Supreme Court of the United States.

Attorney General Paxton’s letter notes that Texas continues to permit U.S. Border Patrol to use the Shelby Park boat ramp to render emergency medical care when needed. Additionally, federal agents on the ground informed Texas of the situation only after the emergency situation had ended and Mexican officials had recovered several bodies. Nevertheless, Texas national guardsmen immediately began a diligent search to confirm that no one else was in need of emergency medical assistance.

In the letter, Attorney General Paxton states: “Rather than addressing Texas’s urgent requests for protection, President Biden has authorized DHS to send a threatening letter through its lawyers. But Texas has lawyers, too, and I will continue to stand up for this State’s constitutional powers of self-defense. Instead of running to the U.S. Department of Justice in hopes of winning an injunction, you should advise your clients at DHS to do their job and follow the law.”

Texas will not surrender to Biden’s destructive open-border policies. Attorney General Paxton will continue to defend Texas as it uses its constitutional authority to defend state territory, sovereignty, and citizens.

To read the letter, click here.