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Texas Military Department Not Allowing Border Patrol to Cut Wire in Shelby Park

Texas Military Department Not Allowing Border Patrol to Cut Wire in Shelby Park

“We remain absolute in our actions to secure our border, preserve the rule of the law, and protect the sovereignty of our State.”

The Texas Military Department will not allow the border patrol to enter Shelby Park in Eagle Pass to cut the razor wire on the border.

The state took over Shelby Park, a public park on the Rio Grande, due to the lack of federal security on our border.

The Supreme Court decided 5-4 to vacate the injunction that prevented the agents from cutting the wire installed by Texas.

Texas took action because President Joe Biden’s administration hasn’t done anything to secure the border.

Texas took the Biden administration to court when agents cut through the wire to allow illegal immigrants to cross the border.

I wrote all of this in my post yesterday on SCOTUS’s ruling.

In October, Judge Alia Moses of the U.S. District Court for the Western District of Texas ordered the Biden Administration to stop cutting the razor wire installed on the Texas border to deter illegal migrant crossings except in medical emergencies.

Moses said the order would stay in place “until the parties have an opportunity to present evidence at a preliminary injunction hearing before the Court.”

In November, Moses finished considering the state’s motion and ruled against it. She criticized the Biden administration for its carelessness with the border but gave it permission to cut the razor wire “pending the outcome of the state’s lawsuit filed in October.”

Texas appealed.

In December, the 5th Circuit temporarily blocked border agents from cutting the razor wire as the DOJ’s lawsuit against Texas continues through the courts:

“Concluding that the district court legally erred with respect to sovereign immunity and that Texas has otherwise satisfied the factors under Nken v. Holder, 556 U.S. 418, 434 (2009), we GRANT Texas’s request for an injunction pending appeal,” the judges wrote.

“Accordingly, Defendants are ENJOINED during the pendency of this appeal from damaging, destroying, or otherwise interfering with Texas’s c-wire fence in the vicinity of Eagle Pass, Texas, as indicated in Texas’s complaint. As the parties have agreed, Defendants are permitted to cut or move the c-wire if necessary to address any medical emergency as specified in the TRO.”

The Supreme Court granted Biden’s emergency appeal and allow the agents to cut the wire as litigation continues.

The case itself has not reached the Supreme Court.


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Thanks for nothing John Roberts!

I think the governor should make a formal declaration that it is only going to be an emergency at the border if an American life is a stake. If it’s an illegal alien criminal, let them freaking die

Xiden is not deterred by SCOTUS regarding student loan ‘forgiveness’ and simply repeated what SCOTUS expressly prohibited
Why should Texas be concerned with what 9 unelected lawyers say, in the face of the precedent Xiden made

    ChrisPeters in reply to rduke007. | January 23, 2024 at 8:10 pm

    Texas needs “air cover” on as many news outlets as possible. With it, Texas might succeed in the court of public opinion.

As much as I think this is a fine thing, I have to ask, why didn’t they do this 3 years ago?

    Johnny Cache in reply to irv. | January 23, 2024 at 9:19 pm

    This was blocked off because it’s a tiny city park and easy to do. The wire is symbolic and has drawn a lot of attention, which is good. From a practical standpoint it does nothing, and even if they walled off all public land across the entire Texas/Mexico border with machine guns and alligators, it would still leave 75 percent of the border untouched because it’s private land. There are too many areas to cross with zero or minimal, physical obstacles.

    Abbott was finding his cojones.

Knowing how Biden works, he will probably cut a deal with the cartels to cut the wire from the other side.

    TargaGTS in reply to Dimsdale. | January 23, 2024 at 8:27 pm

    Unfortunately, knowing Biden I think it’s even more likely that he simply sends a battalion of FBI and other federal agents to start arresting these National Guardsman en mass and throwing the book at them à la J6 prisoners in order to send a message. One thing that should be clear to everyone by now is the people who are actually running the federal government today (the Obama Cabal) are ruthless AF. They have no problem ruining normal people lives in order to advance their political agenda.

      Milhouse in reply to TargaGTS. | January 23, 2024 at 10:34 pm

      He doesn’t need to do that. He just needs to get a court order requiring Texas to allow the border patrol to cut the wires. Anyone who defied the order would be immediately and correctly arrested for contempt of court.

      And before you start, no, Biden has never defied a court order.

        txvet2 in reply to Milhouse. | January 23, 2024 at 10:39 pm

        Same basic idea, different methods.

          GoodMojo in reply to txvet2. | January 24, 2024 at 1:43 am

          The heck you say. Biden has done worse than merely defying a court order. He has purposefully refused to fulfill his Constitutionally required to “faithfully execute” the laws passed by Congress. It defies credibility to think he doesn’t know (and is responsible to know) hat he’s doing. Even if he’s being run by the Obama Cabal. They all know that court cases take so long to resolve, the damage they wish to cause keeps mounting during the process.

          txvet2 in reply to txvet2. | January 24, 2024 at 12:51 pm

          Goodmojo: You missed my point entirely. I was merely referring back to Milhouse’s and my other comment landing pretty much simultaneously. Nothing to do with Biden.

          Milhouse in reply to txvet2. | January 25, 2024 at 12:21 am

          GoodMojo, whether he has “refused to fulfill his duty” is a matter of opinion, and in any case it’s a matter for Congress, where the Dems have the numbers to prevent his removal.

          Disobeying a court order is a matter of fact; either one is obeying it or one is not. And disobeying it gets you held in contempt. By the court, where the Dems don’t have any numbers. So he has never done that, and is not likely to.

        MarkS in reply to Milhouse. | January 24, 2024 at 7:41 am

        He already has a court order from SCOTUS that allows him to cut the wire

          Milhouse in reply to MarkS. | January 25, 2024 at 12:22 am

          No, he doesn’t. There was an order that he NOT cut it, which he obeyed. Now that order is gone, but there’s no counter-order against Texas. He can go to court to get one, and Texas would have to obey it.

        Dimsdale in reply to Milhouse. | January 24, 2024 at 9:03 am

        But is there a prohibition against repairing the wire as fast as they cut it?

        Capitalist-Dad in reply to Milhouse. | January 24, 2024 at 10:43 am

        States are under no obligation to obey any unconstitutional law or court ruling. The SCOTUS majority completely ignored the concept of federalism—which would mean Texas has an obligation to protect its citizens’ lives, liberty, and property that federal masterminds can’t erase. The state’s obligation is especially important where the central government elects to ignore laws and even actively undermine them.

          Court orders must be obeyed, even if you think they’re invalid. You can go back to court to get them stayed or reversed, but in the meantime you have to obey them.

        Azathoth in reply to Milhouse. | January 24, 2024 at 2:07 pm

        Here comes the Democrat, traipsing in again to remind us of his leftist idiocy

        Tell us how else the left is right, Milhouse

          Milhouse in reply to Azathoth. | January 25, 2024 at 12:24 am

          Go jump in the lake. You are a useless piece of filth and have never contributed anything of value here, or likely anywhere else.

          Azathoth in reply to Azathoth. | January 25, 2024 at 8:50 am

          I am a lot of things, Milhouse.

          Know what I am not and never have been?

          A registered Democrat.

          You’re here to screw with us and sew discord.

          I’d tell you to go jump in a lake, but you’re a leftist– go drown in the sewer that spawned you.

      txvet2 in reply to TargaGTS. | January 23, 2024 at 10:37 pm

      He doesn’t have to do that. He can just call up their units and ship them off to Syria.

        Gosport in reply to txvet2. | January 24, 2024 at 1:21 am

        He can try, but as far as the National Guard goes Texas can give him the finger as the Governor can veto it.

          TargaGTS in reply to Gosport. | January 24, 2024 at 7:20 am

          Unfortunately not. When a National Guard unit is ordered to active duty by POTUS under authority granted to him by Title 10, the governor is removed from the chain-of-command. The service members are no longer employees of the state and instead, become employees of the federal government and subject to the UCMJ. They are, simply put, active-duty members of the Army or Air Force.

          How the National Guard operates under two separate and distinct authorities – the authority of their respective state and the authority of the US Federal Government – is widely misunderstood. There are plenty of Guard members (usually younger, less experienced members) who really don’t understand it.

          Milhouse in reply to Gosport. | January 24, 2024 at 7:39 am

          No, he can’t. The National Guard is a federal force, under the president’s command.

          But we are talking about the Texas Military Department, which includes the Texas State Guard, which is not a federal force. The president can’t call those members up.

          CommoChief in reply to Gosport. | January 24, 2024 at 8:44 am

          Nope. The President can simply call those TX National Guard forces to Federal service. As a historical example this is exactly what happened with Gov George Wallace and his ‘stand in the schoolhouse door’ at the Univ of Alabama. Wallace had called up the Alabama National Guard and the President called them to Federal Service thus replacing Wallace as their Commander.

          As for the State Defense forces, they are members of the State Militia and if on State ‘active service’ equally subject to a Federal orders by similar mechanism.

It is, as they say, about to get lit.

ThePrimordialOrderedPair | January 23, 2024 at 8:40 pm

Biden and his junta’s treason could not be more evident. They are orchestrating an invasion of America. They are waging war on our nation. Of course, this invasion is only one prong in the many faceted attack on our nation the left is engaging in, but it is the clearest and most obvious.


Texas is standing strong for America. Good for Abbott and the Texans.

    Don’t mess with Texas!

    The plan is simple. So many people are leaving blue states that they need to be replaced before the next census so that they do not lose Congressional seats. This is how Brandon is going to get it done and hence the open border, waves of illegals and the sudden push for legalization coupled with letting illegals vote in elections. Anything to maintain power, folks.

I am not opposed to setting up machine guns up on the border. There has been hundreds of thousands of military aged terrorists cross the border. FJB

    ThePrimordialOrderedPair in reply to Tsquared79. | January 23, 2024 at 9:59 pm

    A national border that is being breached certainly should be militarized. People should be scared to approach the border from the outside. There is generally some sort of no-man’s zone set up that NO ONE dares go into.

    alaskabob in reply to Tsquared79. | January 23, 2024 at 11:03 pm

    They are behind you now…. watch your 6. The US CAN’T really have a full on war as any direct pressure on enemies would mean all those sleeper cells in the US would be awakened. It’s not just military age but how many are both trained and in the service of Hamas, Iran, etc?

Stay the course, Gov. Abbott. I wish Texas well in this matter, but we all know political spine goes limp real quick when federal block grants get denied.

Heck yes.

This seems pretty simple to someone like me not steeped in PC or legal stuff. The federal gov is in charge of the border. If it refuses to be in charge and secure it then the State can do it. How is this so hard?

    henrybowman in reply to diver64. | January 24, 2024 at 5:41 am

    It’s not refusing to be in charge — it’s refusing to secure it.
    In fact it stays in charge so it can keep the border OPEN.

      diver64 in reply to henrybowman. | January 24, 2024 at 4:10 pm

      I disagree. If the government refuses to secure the border from invasion as it is required to do by the Constitution then the State should be able to do it to protect itself. The Feds are not in charge of anything at this point as “in charge” means orderly immigration according to our laws and that is not what is going on.

Who cares? What’s the latest on the K.C. Chiefs, Kelce and Taylor Swift?

and protect the sovereignty of our State
I am so glad that he keeps repeating this part. This is vital to a correct understanding of the relationship between the states and the federal gov’t (which hasn’t been very ‘federal’ in a long time).

Capitalist-Dad | January 24, 2024 at 10:34 am

This is a beautiful effort—straight out of Jefferson’s and Madison’s thinking in the Kentucky and Virginia Resolutions. The Constitution itself establishes federalism—the concept that states have an equal obligation (with the federal government) to protect their citizens’ lives, liberty, and property—especially where the central government is usurping power (in this case, abrogating immigration law through inaction and outright undermining). Americans need the spectacle of federal agents threading violent action against state police and guardsmen for protecting the border. At the very least, such an armed confrontation will show everyone just how far down the “full Nazi” rat hole Democrats have slithered.

Shelby Park could be the new Ft. Sumter.

Rocket firing helicopters should be patrolling the border with orders to fire on invaders.

Gov. Abbot just released a statement that essentially tells Biden and his federal government to go Eff themselves….and I’m here for it.