Paxton responded to the federal government with a three-page letter claiming Texas has constitutional authority to defend its territory, a power he plans to continue to fight for in the courts, according to the letter. Paxton on Wednesday doubled down on the state’s actions, saying, “Texas will not surrender,” in a statement issued by his office. “Texas’s failure to provide access to the border persists even in instances of imminent danger to life and safety,” the letter from Department of Homeland Security General Counsel Jonathan Meyer reads. “Texas has demonstrated that even in the most exigent circumstances, it will not allow Border Patrol access to the border to conduct law enforcement and emergency response activities.”

The Department of Homeland Security warns it will – by the end of Wednesday – “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” if Texas doesn’t confirm it will “cease and desist its efforts to block Border Patrol’s access in and around the Shelby Park area and remove all barriers to access to the U.S.-Mexico border,” the letter states.

REUTERS/Kaylee Greenlee Beal Kaylee Greenlee Beal/ReutersĢ children and a woman drowned in the Rio Grande, authorities say, days after Texas blocked the feds amid migrant crisis Texas National Guard troops control who enters and exits Shelby Park at the U.S.-Mexico border in Eagle Pass, Texas, U.S., January 12, 2024.

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