Updated Jan 17, 2024 - Politics & Policy

Texas AG defies Biden administration's border access demand

Rebecca Falconer

A National Guard soldier stands guard on the banks of the Rio Grande river at Shelby Park on January 12, 2024 in Eagle Pass, Texas. — A National Guard soldier stands guard on the banks of the Rio Grande river at Shelby Park on Jan. 12 in Eagle Pass, Texas. Photo: Brandon Bell/Getty Images

Texas' attorney general is refusing to comply with Biden administration demands to stop blocking U.S. Border Patrol agents from accessing a public park along the southern border.

Why it matters: The Department of Homeland Security in a "cease-and-desist" letter said Texas officials had until the end of Wednesday to enable federal access to a site where three migrants drowned last week or it would "refer the matter to the Department of Justice for appropriate action."

Texas Attorney General Ken Paxton's refusal to comply with the request sets the stage for another courtroom clash on immigration with the Biden administration — which has asked the U.S. Supreme Court to permit Border Patrol agents to cut razor wire at the border that state officials constructed to prevent migrant crossings.

The big picture: The DHS request concerns access to the border over a roughly 2.5-mile stretch of the Rio Grande in the Shelby Park area where a woman and two children drowned — and where Texas has restricted Border Patrol agents from processing and aiding migrants.

What they're saying: Paxton wrote in response on Wednesday that 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."

Representatives for the DHS and DOJ did not immediately respond to Axios' request for comment.

Go deeper: DOJ sues Texas alleging new immigration law is unconstitutional

Editor's note: This article has been updated with new details throughout.

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Texas AG defies Biden administration's border access demand

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