Biden administration demands that the Texas attorney general give Border Patrol access to a park taken over by Texas

The Biden administration has demanded that Texas Attorney General Ken Paxton give federal border agents full access to a riverfront park in the border town of Eagle Pass, where state law enforcement officers have been arresting migrants who cross into the U.S., according to a copy of a letter obtained by NBC News.

In the letter, sent Tuesday, the chief lawyer for the Department of Homeland Security asked Paxton to clarify which parts of 47-acre Shelby Park remain accessible or inaccessible to the Border Patrol by Friday.

“The State alleged that Shelby Park is open to the public, but we do not believe this statement is accurate,” said the letter from DHS general counsel Jonathan Meyer. “To our knowledge, Texas has only permitted access to Shelby Park by allowing public entry for a memorial, the media, and the use of the golf course adjacent to Shelby Park, all while continuing to restrict U.S. Border Patrol’s access to the park. Please clarify the scope of access Texas permits to the public.”

On Monday, the Supreme Court delivered a win for the Biden administration in one of its many legal disputes with the state of Texas over immigration, ruling that the Border Patrol be allowed to cut and remove razor wire put in place by Texas along the Rio Grande in Shelby Park and elsewhere to restrict migrants from crossing the river into the U.S.

Meyer referenced the decision and said DHS now also demands access to Shelby Park. Texas blocked federal agents from the park earlier this month when Gov. Greg Abbott declared an emergency. The Texas Military Department, the state agency that oversees the Texas National Guard, took control of the park and then gave access to the Texas Department of Public Safety, the state law enforcement