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Biden goes straight to the Supreme Court to intervene in its border dispute with Texas

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Texas Department of Public Safety officers guard an entrance to Shelby Park on Thursday, Jan. 11, 2024, in Eagle Pass, Texas. The Justice Department on Friday, Jan. 12, 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. (Sam Owens /The San Antonio Express-News via AP)

The tragic drowning deaths of three migrants have intensified the ongoing confrontation between the Biden administration and Texas Governor Greg Abbott.

Abbott, a Republican, has taken control of a city park located in a major corridor for illegal crossings and barred Border Patrol agents from entry.

Late on Monday, the Department of Justice filed a new request with the Supreme Court, seeking federal agents’ access to a portion of the border along the Rio Grande currently occupied by the Texas National Guard and the Texas Military Department. The urgency heightened following the drownings of a young Mexican mother and her two children attempting to enter the U.S. through the river near Shelby Park at Eagle Pass, Texas.

Abbott, employing aggressive measures to curb illegal crossings, had fenced off Shelby Park and denied access to federal agents as part of his actions. The drownings occurred shortly after the Biden administration’s initial plea to the Supreme Court for intervention.

On social media, Abbott stated that he is utilizing “every tool possible to stop illegal immigration.” Conflicting timelines about the drownings have been provided by the Department of Homeland Security and the Texas Military Department since the incident was disclosed by a South Texas congressman on Saturday.

According to the Justice Department’s filing on Monday, the deaths occurred at 8 p.m. on Friday, an hour before U.S. federal agents were informed by their Mexican counterparts. Border Patrol agents were made aware of two additional distressed migrants in the same area.

Approaching the closed gate at the park’s entrance, U.S. agents notified the Texas National Guard of the situation, but Texas denied them access to the 50-acre park, even in emergency situations. The filing was part of a lawsuit by the Biden administration over razor wire fencing installed by Texas. An appellate court had previously issued an order in November, preventing federal agents from altering Texas’ razor wire except in emergencies.

The Justice Department argued in the recent filing that Texas obstructs Border Patrol from fulfilling its responsibilities, even during emergencies, standing in the way of patrolling the border, identifying and aiding migrants in distress, and accessing necessary wire. The U.S. government claimed that Border Patrol agents utilized the park for monitoring the river and launching boats. Texas countered by stating that Border Patrol had withdrawn most agents and equipment from Eagle Pass after the court’s injunction.

The Justice Department has urged the Supreme Court to overturn the entire order.

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