DHS threatens to take 'appropriate action' against Texas over border access

The Department of Homeland Security has threatened the state of Texas — saying the state is acting unconstitutionally in blocking Customs and Border Protection's access to Shelby Park in Eagle Pass, Texas, and if the state continues to do so, the Justice Department will take «appropriate action», according to a letter obtained by ABC News.

«Texas's actions are clearly unconstitutional and are actively disrupting the federal government's operations,» DHS General Counsel Jonathan Meyer wrote to Texas Attorney General Ken Paxton. «We demand that Texas cease and desist its efforts to block Border Patrol's access in and around the Shelby Park area and remove all barriers to access in the Shelby Park area.»

The Biden administration accused the Texas National Guard of blocking Border Patrol agents from accessing a 2.5-mile stretch of the southern border in Eagle Pass, Texas, including Shelby Park.

The letter from Meyer, dated Jan. 14, says Texas has until Wednesday to «cease and desist its efforts to block Border Patrol's access in and around the Shelby Park area and remove all barriers to access to the U.S.-Mexico border ...»

If not, Meyer says they'll refer the matter to DOJ «for appropriate action and consider all other options available to restore Border Patrol's access to the border.»

«Texas's failure to provide access to the border persists even in instances of imminent danger to life and safety,» Meyer said.

Three migrants died at the park last week and CBP accused Texas of not allowing agents to access the park for lifesaving care.

He said that on Jan. 12, 2024, upon learning from Grupo Beta, a group affiliated with the National Institute of Migration of Mexico, that a group of migrants was attempting to cross the river,