Eagle Pass City Council Unanimously Approves to Rescind Criminal Trespass Affidavit Signed by Mayor Designating Shelby Park as ‘Private Property’
By: Ricardo E. Calderon, Eagle Pass Business Journal, Inc., Copyright 2023
The City of Eagle Pass, Texas City Council unanimously approved 4-0 (1 absent) to rescind a Criminal Trespass Affidavit signed by Mayor Rolando Salinas, Jr., designating the publicly-owned Shelby Park as a “private property” in order to allow the Texas Department of Public Safety (DPS) Operation Lone Star Program authority to enforce the state’s Criminal Trespass statute, Section 30.05 of the Texas Penal Code, against undocumented immigrants seeking asylum in the United States after crossing the Rio Grande from Mexico through the public park.
A large, vocal group of Eagle Pass Border Coalition members and supporters from Laredo, San Ysidro, Zapata, San Antonio, Austin, Houston, and Eagle Pass held a public press conference earlier at 4:30 p.m. on the steps of City Hall before the City Council meeting to denounce Mayor Salinas’ unilateral decision to sign the Criminal Trespass, the filing of misdemeanor criminal trespass charges and arrest of migrants seeking asylum at Shelby Park by DPS Operation Lone Star Program, the closure of Shelby Park to the public by DPS Operation Lone Star, the bulldozing of Rio Grande islands and building of security posts, changing of the river flow, causing damages to private and public properties, the militarization of the U. S.-Mexico border, and the cruel and inhumane treatment of migrants by DPS and Texas National Guard members.
At the City Council meeting during the Citizens Communications, Eagle Pass Border Coalition members and friends of the Rio Grande voiced their genuine concerns regarding the unlawful signing of the affidavit by Mayor Salinas and controversial installation of a floating marine buoy barrier and military-grade concertina wiring along a seven mile stretch on the banks of the Rio Grande, the takeover and control of Shelby Park by DPS Operation Lone Star, denial of access and use of Shelby Park and boat ramp to the public by DPS, the arrest and detention of migrants seeking asylum for criminal trespass at Shelby Park, militarization of the border, damages to private property by Operation Lone Star, and the inhumane treatment of migrants.
Among the citizens who addressed the City Council included Karyme Flores, Amerika Garcia Grewal, Roberta Flores, Victor Escalon of DPS South Texas Region, Melissa R. Siguadora, Jessie F. Fuentes, Maverick County Attorney Jaime “A.J.” Iracheta, Magaly Urbina, Juanita V. Martinez, Sylvia Bruni, Ricardo Ruiz, Nelson Barnes of Operation Lone Star Prosecution Unit, Jennifer Canales, Priscilla Olivares, Priscilla Luigi, Roberto Lopez, Amrutha Jindal, Roger Mancha, Jr., Lety Perez, Rodrigo Lozano, Melissa R. Cigarroa, and Martin Castro.
All but three speakers advocated for the City Council to rescind the controversial Criminal Trespass Affidavit signed by Mayor Salinas that opened the door for DPS to take over and possession of Shelby Park as the staging and command center of DPS’ Operation Lone Star in Eagle Pass as well as authorized them to enforce the Texas Criminal Trespass Statute against migrants seeking asylum who crossed from Mexico through the public park.
Mayor Salinas signed the affidavit in his individual capacity as the owner of the city-owned park designating it as “private property” and authorized DPS Operation Lone Star to file misdemeanor criminal trespass charges against migrants detained at the public park.
The problem with Salinas’ signing the affidavit is that he did not have authority to sign it in his individual capacity, designate Shelby Park as his “private property,” and authorize DPS to enforce the criminal trespass statute against migrants on his individual capacity as the owner of the public park. Salinas acknowledged signing the affidavit at the request of a local state prosecutor without taking the matter before the entire City Council for approval.
Another issue with Salinas’ signing of the affidavit is that it violated Chapter 26 of the Texas Public Parks and Wildlife Code that forbids the city from changing the use of Shelby Park as a “private property” without a public hearing and 30 days notice of the proposed change to the public and requiring a finding by the City Council that “there is no feasible and prudent alternative to the use and taking of such land.”
Having failed to adhere to state law concerning public parks and not bringing the Criminal Trespass Affidavit before the City Council for approval, Mayor Salinas signing of the affidavit was null and void.
After a long and contentious open session, the Eagle Pass City Council went into Executive Session to consult with legal counsel and deliberate whether to rescind, affirm, or modify the Criminal Trespass Affidavit with DPS.
At 9:28 p.m., the City Council returned to Open Session and Councilwoman Monica J. Cruz made a Motion to Rescind the Criminal Trespass Affidavit and allow the City to negotiate with DPS on the terms on the use of Shelby Park and Councilman Elias Diaz seconded the motion. Mayor Salinas called for the motion and City Council unanimously approved to rescind the Criminal Trespass Affidavit (4-0). In favor of rescission were Council members Monica J. Cruz, Elias Diaz, Mario E. Garcia, and Mayor Rolando Salinas, Jr. Absent at the meeting was Mayor Pro-Tem William “Billy” Davis.
The City Council’s rescission of the affidavit now requires DPS Operation Lone Star to return Shelby Park to its public park status, cease filing criminal trespass charges against migrants at the public park, remove their Operation Lone Star command center from the public park, and provide immediate use and access to the public park and its boat ramp to the public.
City Council’s rescission of the affidavit and Chapter 26 of the Texas Parks and Wildlife Code requires the City to remove DPS’ Operation Lone Star from Shelby Park and any negotiations with DPS will have to follow state law, including public notice and a hearing, a finding that there is “no feasible and prudent alternative to the use and taking” of Shelby Park, and comply with the Texas Open Meetings Act in an open and transparent manner. City Council would be wise to obtain citizens input on any terms of use of Shelby Park with DPS or anyone and comply with state law.
Local citizens are requesting that the City of Eagle Pass remove DPS Operation Lone Star from Shelby Park, have DPS cease arresting and charging migrants with criminal trespass at the park, require DPS remove the concertina wire in the river and on the banks of the river, require DPS remove the metal storage containers from the park, allow access and use of the park to the public, and return the park to full control and possession to the City of Eagle Pass.
