Justice Department Urges Supreme Court to Address Texas Border Patrol Obstruction

The emergency petition sheds light on the escalating tensions along the Rio Grande.

National Guard soldiers stand guard on the banks of the Rio Grande River at Shelby Park on Jan. 12, 2024 in Eagle Pass, Texas. The Texas National Guard continues its blockade and surveillance of Shelby Park in an effort to deter illegal immigration. The Department of Justice has accused the Texas National Guard of blocking Border Patrol agents from carrying out their duties along the river. Brandon Bell/Getty Images

The Department of Justice (DOJ) has petitioned the Supreme Court to compel Texas to stop obstructing Border Patrol agents’ access to a section of the U.S.-Mexico border in Eagle Pass after the Texas National Guard seized control days ago.

U.S. Solicitor General Elizabeth Prelogar submitted an emergency application to vacate an injunction pending appeal issued by the court of appeals last month, which barred Border Patrol agents from interfering with around 30 miles of concertina-wire fence near Eagle Pass installed by Texas.