EAGLE PASS, Texas — On a recent sunny morning, a mariachi band played its final tune as children lined up near a public park along the Rio Grande to hit an orange piñata. This piñata was shaped like the floating barrier that Texas officials had placed in the river—a series of orange buoys separated by saw blades aimed at preventing migrants from crossing the border.
The gathering was part of a protest against Texas’ seizure of the park for its expanding border security operations, which have reached unprecedented levels and cost billions. Shelby Park, named after a Confederate general, was once a vibrant space for family gatherings and soccer games. Now, it serves as a base for Texas National Guard soldiers and state troopers focused on border security.
Protesters were unable to enter the park as its gates were locked. “We’re here because we want our park back,” said protest organizer Yocelyn Riojas from a stage facing the park. “We want to fight for our community and for human rights.”
In January, Texas state officials took control of Shelby Park, placing empty shipping containers and razor wire along its riverbanks. They informed federal immigration authorities that they could not cut the wire or patrol the area.
This takeover occurred just one week after the U.S. Department of Justice sued Texas over Senate Bill 4. This new law permits Texas police to arrest migrants for illegally entering the state and represents a significant challenge to federal authority over immigration.
A Controversial Claim
Texas officials assert that their actions are necessary because the federal government has failed to enforce immigration laws. They argue that this neglect violates the Constitution, which mandates the federal government protect states from invasion.
“Texas has the right to defend itself because of President Biden’s ongoing failure to fulfill his duty to protect our state from the invasion at our southern border,” Governor Greg Abbott stated earlier this year.
Until recently, Texas saw record numbers of undocumented migrants. State leaders claim some migrants are criminals, linking this to the ongoing fentanyl crisis. However, numerous studies contradict the idea that increased illegal immigration leads to higher violent crime rates.
Senate Bill 4 would classify illegal border crossing from Mexico into Texas as a state misdemeanor. It allows Texas peace officers to arrest undocumented immigrants and mandates that a state magistrate judge orders individuals to leave the U.S. to Mexico instead of facing prosecution. Violating this law could lead to up to six months in jail, while repeat offenders could face second-degree felony charges, with a maximum sentence of 20 years.
Currently, the law is on hold due to the ongoing DOJ lawsuit. Legal scholars warn that if Texas prevails, it could create dual immigration systems—one federal and one state—and open the door for other states to enact their own immigration laws.
Expert Opinions
Constitutional law experts are concerned about the implications. Frank Bowman, a law professor at the University of Missouri, argues that immigration does not equate to invasion. “Texas and other states are claiming an extreme notion of state sovereignty, ignoring federal authority,” he said.
In recent times, few migrants have been spotted on the Mexican side of the Rio Grande near Shelby Park. The area saw significant migrant activity before increased enforcement efforts in Mexico and new asylum restrictions in the U.S. For example, Border Patrol agents in the Del Rio sector recorded over 70,000 migrant encounters in December, a number that dropped to 6,932 by September.
To manage the situation, Texas deployed the National Guard along the border and installed the floating barrier without federal consultation. Texas has also blocked Border Patrol access to asylum-seeking immigrants in Shelby Park.
In June 2023, Eagle Pass Mayor Rolando Salinas initially declared Shelby Park private property at the state’s request. This allowed state troopers to arrest migrants for trespassing. However, he later rescinded the agreement after residents expressed dissatisfaction with the lack of input.
Despite the city’s efforts, the state has indefinitely closed the 47-acre park. Eagle Pass residents who used the park for community events continue to pressure the state for its return, recently demonstrating outside Shelby Park.
Local resident Jose Corpus, 52, expressed hope as he watched children hit the piñata shaped like three orange buoys. For him, the peaceful protest represents one of the few ways for residents to address the militarization of their city and the diminishing local control. “We have to represent ourselves,” Corpus said. “It’s a feeling of frustration, helplessness, and disappointment.”
The Future of Immigration Law
Texas has ventured into new territory since passing SB 4. Following President Biden’s inauguration, Governor Abbott launched Operation Lone Star, a large-scale state mission to reinforce the Texas-Mexico border. In addition to deploying the National Guard, state troopers began arresting migrants for state crimes and installing miles of concertina wire.
To date, Texas has spent $11 billion on this initiative. However, SB 4 has sparked intense debate. Critics argue that the law is unconstitutional and could lead to racial profiling. Some lawmakers even pushed for a more stringent approach. The bill was finally sent to the governor in November after extended legislative discussions.
Soon after Texas passed SB 4, Oklahoma and Iowa enacted similar laws. Arizona voters will soon decide on a ballot proposal mirroring the Texas legislation. Oklahoma Senator Greg Treat, who sponsored the bill, echoed Texas’ rationale, stating his state needed the law due to federal inaction on immigration enforcement.
Denise Gilman, a law professor at the University of Texas at Austin, warns that if these laws are upheld in court, they could lead to chaos as state and federal officers pursue the same individuals under different laws. “There’s just going to be a mess,” she said.
Kristie De Peña, director of immigration policy at the Niskanen Center, highlights concerns about potential racial profiling, wrongful detention of U.S. citizens, and legal challenges arising from allowing states to criminalize illegal immigration. “Local law enforcement is already struggling, and this will put more pressure on them,” she said.
If courts accept Texas’ claim that drug cartel violence and mass migration constitute an invasion, it could empower border states to act without congressional approval, according to constitutional law scholar Ilya Somin.
Historically, states have invoked the invasion argument, but lower courts have left this issue unresolved for decades. Many legal experts believe SB 4 will end up before the U.S. Supreme Court, which has already expanded state authority in previous rulings, including on abortion rights.
The upcoming elections in November may significantly impact Texas’ confrontations with the federal government. Should Donald Trump return to office, Texas might play a crucial role in advancing his aggressive anti-immigration agenda, which includes extensive raids and mass deportations.
Trump has cited the Eisenhower administration’s mass deportation program as a model for his intentions.
As Trump, Abbott, and other conservative leaders assert, “Every state is a border state.” However, experts suggest Texas has already reshaped the national immigration debate. “Texas’ role in this entire conflict is unique,” said Muzaffar Chishti, director of the Migration Policy Institute at NYU’s School of Law. “It’s redefining how states interact with immigration policy.”
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