Eagle Pass Citizens Safety Threatened by Epic Political and Legal Battle between Texas and United States Government
By: Ricardo E. Calderon, Eagle Pass Business Journal, Inc., Copyright 2024
The City of Eagle Pass, Texas, nestled on the Rio Grande along the United States-Mexico border, has become “ground zero” for an epic political and legal battle regarding immigration and constitutional law issues between the State of Texas and the United States government, endangering the health and safety of Eagle Passans despite a large presence of local, county, state, federal, and out-of-state law enforcement and military officers in the community.
On Wednesday, January 10, 2024, Eagle Pass Mayor Rolando Salinas, Jr. posted on his Facebook Page a video of him, accompanied by Eagle Pass Fire Department Deputy Chief Rodolfo Cardona, standing in front of the locked gates into the City of Eagle Pass-owned public park named Shelby Park informing the citizens of Eagle Pass that he had received a telephone call in the morning from Texas Department of Public Safety (DPS) South Texas Region Director, Victor Escalon, advising him that the State of Texas through a Declaration of Emergency from Governor Greg Abbott had taken complete control and custody of Shelby Park, excluding local residents from use and enjoyment of their public park as well as United States Border Patrol agents seeking to perform their federal immigration law enforcement duties from entering the park.
Mayor Salinas stated on his Facebook post that the City of Eagle Pass had not requested the State of Texas to seize control and custody of Shelby Park.
At a hastily-called press conference by Mayor Salinas at City Hall on Thursday, January 11, 2024, he reiterated that the City of Eagle Pass had not requested the State nor Governor Abbott to take control and custody of Shelby Park. At the press conference, Mayor Salinas was asked if he wished to directly request Governor Abbott to rescind his Declaration of Emergency and withdraw the Texas National Guard and DPS from Shelby Park, which he replied “No,” but that the City had not requested the closure of Shelby Park.
On January 12, 2024, a group of five undocumented immigrants attempted to cross the Rio Grande River from Mexico into the United States in the evening, but unfortunately were swept by the treacherous currents of the river resulting in a 33 year old Mexican mother and two minor children of hers drowning while her sister and her son were rescued by Mexican authorities. The U. S. Border Patrol received a distress call for assistance from the Mexican authorities and proceeded to contact the Texas National Guard for entry into Shelby Park and were allegedly denied entry to assist with the search and rescue of these individuals. The federal government and Texas are blaming each other for this tragic drowning of three migrants.
On January 12, 2024, the United States Department of Justice filed a Supplemental Memorandum Regarding Emergency Application to Vacate Injunction Pending Appeal before the United States Supreme Court in a case involving pending litigation concerning the controversial floating marine buoys installed in the Rio Grande by Texas bringing to light Texas’ denial of entry to U. S. Border Patrol agents into Shelby Park in Eagle Pass, Texas.
On January 14, 2024, the United States Department of Homeland Security General Counsel Jonathan E. Meyer issued a cease and demand letter to the State of Texas through Attorney General Ken Paxton, demanding that “Texas cease and desist its efforts to block Border Patrol’s access in and around Shelby Park area and remove all barriers and access in the Shelby Park area. If you have not confirmed by the end of the day of January 17, 2024, that Texas will cease and desist its efforts to block Border Patrol’s access in and around Shelby Park area and remove the all barriers to access to the U.S.-Mexico border, we will refer the matter to the Department of Justice for appropriate action and consider all other options available to restore Border Patrol’s access to the border.”
On January 17, 2024, Texas Attorney General Ken Paxton issued a reply to the U. S. Department of Homeland Security cease and desist letter refuting the federal government’s request and arguing that the “facts and the 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.” Texas is challenging the federal government to sue it in federal court, again.
At a special meeting held on January 17, 2024 of the Eagle Pass City Council, the City Council discussed Agenda item No. 5 calling for the “Request for executive session…to discuss and review the legal remedies available pursuant to the Shelby Park under Section 418.017 of the Texas Government Code and the Governor’s Declaration Order and potential impact on contractual obligations and any matters related thereto; and possible action in open session regarding the same.”
Upon returning form Executive Session, the Eagle Pass City Council voted unanimously to take no action on the State’s complete control and custody of Shelby Park stating there is already pending litigation between the State and the federal government and the City’s involvement would not be efficient and in the best interest of the citizens of Eagle Pass to get involved.
The Eagle Pass City Council blinked in defending the health and safety of their citizens due to contractual obligations between the City and the State and federal governments. Earlier in the special meeting, the City Council approved three Agenda items on Mayor Salinas’ consent agenda involving the submission of an application to the Office of the Governor for a Body Worn Camera Grant for the Eagle Pass Police Department; the approval of a resolution authorizing the submission of a grant application with the Office of the Governor for Bulletin-Resistant Shield Grant Program; and the approval of a resolution authorizing the submission of a grant application with the Office of the Governor for Rifle Resistant Armor Grant Program for the Eagle Pass Police Department.
Also at this January 17, 2024 City Council special meeting during the Citizens Communication agenda, Eagle Pass resident Juanita V. Martinez addressed the City Council stating that the citizens of Eagle Pass are concerned for their health and safety arising from the news that a right-wing militia group calling itself the Patriot Party were inviting people across the United States to come down to Eagle Pass during January 20-28, 2024 at Shelby Park to patrol and defend the United States from an invasion of undocumented immigrants. Martinez stated she held Mayor Salinas responsible for what is happening in the community because he had “welcomed” all these politicians and groups to Eagle Pass, exacerbating the political divisiveness in the country.
Eagle Pass Police Chief Federico Garza stated in a press interview that the City will be closely monitoring any outside individual or group coming into the community or Shelby Park to ensure that no violence occurs.
Eagle Pass finds itself at the conundrum of a larger political and constitutional law battle between right-wing, authoritarian political forces and defenders of democracy within the United States at a transformational demographic shift in the nation that threatens the privileged status-quo system enjoyed for over 200 years in the nation.
Eagle Pass citizens’ worst kept secret is their genuine fear that their community, families, and children become victims of this larger than life epic political and constitutional law battle for the future of the United States, particularly concerning all this right-wing rhetoric of “invasion” by politicians and groups similarly used to unleash the heinous El Paso Walmart massacre. The citizens of Eagle Pass are placing its City government, State of Texas government, and the United States government on notice that they will be held responsible in the event any of its citizens should be hurt or injured as a result of their political and legal battles.
