McALLEN, Texas (Border Report) — The Department of Homeland Security is demanding that the State of Texas allow U.S. Border Patrol agents access to Shelby Park in Eagle Pass, Texas, according to a letter obtained by Border Report.

The letter sent Tuesday to Texas Attorney General Ken Paxton is “to demand access to the Shelby Park area,” where Texas officials posted a gate and sealed it off from Border Patrol two weeks ago as part of the state’s Operation Lone Star border security initiative.

On Tuesday afternoon, Texas Gov. Greg Abbott issued a statement saying Texas has a constitutional right to self-defense.

A Texas DPS trooper blocks access to the boat ramp in Shelby Park in Eagle Pass, Texas, in this Aug. 21 file photo. (Sandra Sanchez/Border Report)

“President Biden has ignored Texas’ demand that he perform his constitutional duties,” Abbott said. “President Biden has violated his oath to faithfully execute immigration laws enacted by Congress. Instead of prosecuting immigrants for the federal crime of illegal entry, President Biden has sent his lawyers into federal courts to sue Texas for taking action to secure the border.”

Tension between Texas officials and DHS has escalated after three migrants — a woman and her two young children — drowned Jan. 12 in the river trying to cross from Mexico, and Border Patrol agents were not allowed into the park.

Since the summer, Operation Lone Star forces have made Shelby Park their regional base, setting up headquarters in the parking lot of the boat ramp and denying local law enforcement access.

On Monday, the U.S. Supreme Court dealt a blow to Texas officials by ruling that Border Patrol can cut and remove concertina wire that the Texas National Guard has set up the banks of the Rio Grande.

In his letter to Paxton on Tuesday, Homeland Security General Counsel Jonathan Meyer writes: “The Department must also have the ability to access the border in the Shelby Park area that is currently obstructed by Texas.”

Meyer also questions allegations by state officials and seeks clarification on exactly who currently has access to the park.

“The State has alleged that Shelby Park is open to the public, but we do not believe this statement is accurate. To our knowledge, Texas has only permitted access to Shelby Park by allowing public entry for a memorial, the media, and 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,” Meyer wrote.

Over 700 crosses are seen Jan. 8, 2024, in Shelby Park in Eagle Pass, Texas, as part of a vigil to remember migrants who died crossing the Rio Grande. (Sandra Sanchez/Border Report)

The agency also told Paxton that federal authorities have a legal right to the parkland, a right that was established when a border barrier was built in the area in 2008.

“The Department acquired permanent real estate interests in and around Eagle Pass in 2008 to support the construction and maintenance of border barriers in and around the Shelby Park area,” Meyer wrote. “Because the Department owns property rights to the areas depicted on the attached map, we demand that you immediately remove any and all obstructions on it, which include the access points into Shelby Park.”

DHS says that in 2018, federal officials acquired from the City of Eagle Pass a “perpetual easement” for the construction, operation and maintenance of a road leading to the park’s boat ramp.

“Although Texas is now allowing Border Patrol to access the boat ramp with restrictions, we ask that Border Patrol be granted full access consistent with the perpetual easement,” the letter says.

According to the Texas State Law Library, an easement is a legal right to use someone else’s land for public or private purposes.

Concertina wire is seen Oct. 24, 2023, on the banks of the Rio Grande in Eagle Pass, Texas, put by Texas’ Operation Lone Star forces. (Sandra Sanchez/Border Report File Photo)

The boat ramp at Shelby Park in Eagle Pass, Texas, is seen on Oct. 24, under control of Texas DPS officials. (Sandra Sanchez/Border Report File Photos)

In the letter, Homeland Security specifically asked the following of Texas officials:

  • Access to Eagle Pass International Bridge Port of Entry II, also known as Camino Real International Bridge, from the Loop 480 access road, 24 hours a day. This is to include the area beneath the port of entry as well.
  • Access through the federal border barrier entrances on Ford Street, Main Street, near the intersection of Rio Grande Street and Ryan Street, and the two entrances on the end of Ryan Street, for Border Patrol to move through and conduct line watch duties and patrol within the Shelby Park area 24 hours a day.
  • Full access to the boat ramp located at Shelby Park Main Street entrance, consistent with the perpetual easement.
  • Unrestricted access to the entire Shelby Park area during emergency circumstances, including but not limited to, assistance to other agents and officers as well as medical and rescue operations.

Border Report has reached out to Paxton’s office for comment, as well as officials with the Texas Military Department, which oversees the Texas National Guard. This story will be updated if they respond.

Paxton on Monday issued the following statement after the Supreme Court’s temporary order: “This fight is not over, and I look forward to defending our state’s sovereignty.”

The Fifth Circuit U.S. Court of Appeals is to hear the case on Feb. 7.

Sandra Sanchez can be reached at SSanchez@Borderreport.com.