Texas Continues to Block Federal Officials from Border Town Park Transcript

Last week, the Texas National Guard blocked federal officials from entering Shelby Park in Eagle Pass, Texas. Border Patrol agents had been using Shelby Park as a staging area before processing migrants. The Biden Administration is demanding Texas allow federal officials to use the park again.

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The move has raised legal questions over who has ultimate authority at the border, the federal government or state officials. CBS News correspondent, Omar Villafranca joins me now from Eagle Pass, Texas.

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Omar, describe for us the scene, if you can, at the border as this standoff continues.

John, let me set the scene on two different planes here. First of all, this field behind me, about a month ago when we were here, was filled with thousands of migrants. That’s not the case right now. What we’re seeing is a little bit of lull in the surge that we traditionally see here.

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Physically, things have changed. It’s night and day here. I mean, I’m surrounded by miles of this razor wire that’s at the center of this debate here, or one of the debates, and it stretches as far as we can see. Just to my right is Texas National Guard, and they’re armed and they’re standing by. Shelby Park, which you used to be able to get in parts of it, is now not really accessible to the public and not fully accessible to CBP.

And so what’s the legal justification for Texas overriding the federal government’s authority at the border?

Well, Texas governor, Greg Abbott says that constitutionally, the president and the federal government should be securing their borders. But he’s saying that they’re not executing the laws that are already on the books, so he’s feeling that Texas needs to step in and do its own thing to protect the Texas border. And that’s one of the beefs that’s currently going on between Biden and Governor Abbott.

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So that’s one of them. And that’s really the big argument that we’re seeing, where everything that we see here afterwards stems from.

And one element of that beef that you mentioned, concerns other razor wire than what’s there behind you. I think it’s different razor wire. Hard to keep up with all the razor wire, but the Supreme Court this-

Yeah, yeah.

… Week allowed the federal government to remove the razor wire that Texas had placed at the Rio Grande. So now what’s happening on that front?

Well, the razor wire, from everywhere that we’ve driven around and looked, is still up. The Supreme Court this week said that CBP, the Customs and Border Patrol can cut that wire. And CBP says sometimes they need to, if they need to access the water to help a migrant in distress. Texas has that razor wire up ’cause they say it’s a deterrent, and they’re trying to funnel migrants that may be crossing, to a certain area.

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The federal government is not going around actively, what we’ve seen, and cutting the wire and removing it. But Texas says they don’t want them doing that at all because it’s damaging Texas property. So this is up, it’s farther out, but this razor wire is also up against the water as well. And as many times as I’ve been here, we’ve seen migrants come up to the wire, put clothes or lift it up and try to come under it, while Texas National Guard is saying, stay back. No, don’t come over here. Go the other way.

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CBP says if they’re in distress from the water, there’s a possible drowning, we need access to go in there and make sure that they’re okay.

And so the Supreme Court has said to customs, you can go and do that. And Texas is saying, no, you’re going to be destroying our property.

Yeah.

So how does this get adjudicated?

Well, on February 8th, we’re expecting some arguments to happen in court, far away from the border, I’m sure. But listen, there’s members of the Texas Republican delegation in Washington DC, that after the Supreme Court ruling, came down saying, to hell with the Supreme Court. Chip Roy of Texas was basically saying, to hell with the Supreme Court, we have to protect the Texas border.

Yeah.

Now, the federal government sent a letter to Texas yesterday, DHS said and said, “This park better be fully accessible to us by Friday.” Whether that’ll happen, what happens if Texas doesn’t do it? We don’t know, it remains to be seen. But this is a big legal battle that’s playing out.

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What’s interesting here, John, is that Customs and Border Patrol, federal government, all right?

Yeah.

But you have Texas National Guard and state troopers under the direction of Abbott, they know each other. This community, everybody knows each other. They all come in. I mean, they are friendly. They’re basically law enforcement and military.

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But now they have two separate bosses, and it’s interesting to see how this is going to play out in court. While here, they have to follow the rules of their superiors.

That is fascinating insight. And we’ve also got state, local, federal, judiciary, Congress, we got everybody in the mix here. Omar Villafranca, we’re glad you’re in the mix. Thanks so much.

Thank you.