Texas Tribune
Texas Gov. Greg Abbott defends migrant tactics in Eagle Pass
by Pooja Salhotra and Madaleine Rubin, The Texas Tribune – 2024-02-04 18:26:58
SUMMARY: Texas Governor Greg Abbott, alongside other Republican governors, criticized President Biden's border policies, asserting Texas is facing an “invasion” of migrants the federal government has failed to address. Abbott, enforcing border control through the state-run Operation Lone Star, has continued placing barriers such as razor wire in Eagle Pass, despite the federal government's concerns that this interferes with Border Patrol duties. The governors praised Abbott's defensive measures, which have led to a standoff with federal law enforcement, especially when Texas National Guard and state troopers blocked access to Shelby Park. A legal conflict has intensified after the U.S. Supreme Court vacated a decision prohibiting Border Patrol from cutting Texas' wire barriers, and the situation remains tense, with accusations of using migrants as political tools and tax dollars on ineffective policies.
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EAGLE PASS — Flanked by visiting Republican governors, Gov. Greg Abbott on Sunday afternoon railed against President Joe Biden's handling of the southern border and recommitted to defending the state from an “invasion” of migrants.
Abbott has doubled down on enforcement at the border amid an escalating feud with the federal government over who controls part of the Texas-Mexico border in Eagle Pass, a town of about 29,000 residents. Although immigration law enforcement is under the jurisdiction of the federal government, Abbott claims the Biden administration has failed to enforce immigration law, leaving the state to fend for itself.
Texas has continued to erect razor wire as a barrier between the Rio Grande River and Shelby Park, a 47-acre area in Eagle Pass, even after the federal government said the wire impedes federal border agents from apprehending people who cross the river.
“As opposed to detaining illegal immigrants, Biden has let them all loose, with no ability to accurately determine their whereabouts,” Abbott said on Sunday. “We've seen the catastrophic consequences of Joe Biden's open border policy.”
Abbott said gang members, as well as hundreds of people on the terrorist watch list, have been apprehended at the border. He thanked border patrol agents at checkpoints who have seized millions of lethal doses of fentanyl and thousands of pounds of methamphetamine.
Republican governors have rallied behind Abbott's efforts to deter illegal immigration. Last month, 25 of them released a joint statement, arguing that Texas has legal authority to defend itself because the Biden administration has failed to enforce immigration laws.
About half of those Republican governors traveled to Shelby Park on Sunday, where they praised Abbott for his methods, such as building a border wall, installing wire and placing a string of buoys in the river. Tennessee Gov. Bill Lee and Arkansas Gov. Sarah Huckabee Sanders said they would continue to deploy National Guard troops to the border to support Abbott.
Lt. Col. Freeman Martin, deputy director of DPS's Homeland Security Operations, told the visiting governors Sunday that Abbott's directives are working, according to a pool report from the Houston Chronicle. During a briefing at the DPS Eagle Pass Area Office, Martin said the razor wire and buoy barriers “save lives.”
Martin's claim echoes previous assertions by DPS and Abbott that the buoys deter people from trying to cross, thus reducing drownings. The state has provided no evidence of that, however. Calls to DPS for more details weren't immediately returned late Sunday afternoon.
In January, a woman and two children drowned trying to cross the border at Eagle Pass, and Mexican authorities rescued two others. Federal officials accused the state of refusing to allow Border Patrol agents access to Shelby Park to assist in the rescue and recovery. State officials said Border Patrol requested access to the park after the drownings had already occurred.
The standoff between Texas and the federal government began after the Texas National Guard and state troopers took control of Shelby Park in January, blocking Border Patrol agents from entering.
It was the latest move by the state under Abbott's Operation Lone Star initiative, which began in March 2021 and sent Department of Public Safety troopers and Texas National Guard members to the border to stop illegal immigration. Hundreds of thousands of migrants have crossed the Rio Grande into Texas, many of them seeking asylum.
That put Texas on a collision course with the federal government: Under federal law, the federal government has sole jurisdiction over the enforcement of immigration laws, a power upheld by multiple U.S. Supreme Court decisions.
The Texas forces have deployed miles of concertina wire along the border at Eagle Pass, including around Shelby Park. When Border Patrol agents began cutting through the wire to apprehend migrants or reach those who needed medical attention, the state sued the federal government, accusing it of damaging state property.
The 5th U.S. Circuit Court of Appeals issued a ruling in December that prohibited Border Patrol agents from cutting the wire. But on Jan. 22, in a 5-4 decision, the U.S. Supreme Court vacated the lower court's ruling.
The ruling did not explicitly grant Border Patrol agents access to the park or require the state to remove the concertina wire, prompting Abbott to double down. Shortly after, National Guard and state troopers continued to block federal agents' entry to the park and deploy more concertina wire as Abbott maintained his long-standing claim that the Biden administration has refused to enforce immigration laws.
“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,” Abbott said in a statement.
Last month, the U.S. Department of Homeland Security, the federal agency that oversees the Border Patrol, sent a letter to Texas Attorney General Ken Paxton's office demanding that federal officials be allowed into the park.
Paxton has said Texas wouldn't comply with the Biden administration's request.
Another legal confrontation is brewing: Late last year, Abbott signed into law a bill that allows police to arrest people suspected of illegally crossing the Texas-Mexico border on state charges. Scheduled to take effect in March, the legislation prompted the American Civil Liberties Union and other groups to file lawsuits to overturn the law.
In an interview with the New York Times published Friday, U.S. Secretary of Homeland Security Alejandro Mayorkas called Abbott's actions on the border unconscionable, saying the state refused to communicate or coordinate with the federal government to create disorder.
“I call upon Gov. Abbott to follow the law as the courts direct,” he said. “I call upon Gov. Abbott to communicate and coordinate with his fellow governors in other states. I call upon Gov. Abbott to not use human beings as political pawns.”
Abbott's visit to Eagle Pass coincided this weekend with the arrival of a convoy of Americans opposed to the Biden administration's handling of border policy.
The Take Our Border Back convoy departed from outside Washington last week, passing through Dripping Springs along the way. Organizers called it a peaceful protest, though some critics expressed worry about violent or secessionist undertones.
The convoy arrived Saturday in Quemado, a rural community about 20 miles north of Eagle Pass. A rally attracted a modest crowd and remained peaceful, The New York Times reported. Attendees listened to Christian music, waved “Trump 2024” flags and called on the federal government to secure the U.S.-Mexico border.
However, Border Patrol officials evacuated a migrant processing center in Eagle Pass Thursday after the FBI warned of threats to the facility. The Daily Mail reported that officials said up to 175 migrants were relocated to other holding centers in Texas.
During the Sunday afternoon press conference, some members of the Take Our Border Back convoy faced off against Eagle Pass residents, who condemned Abbott for spending billions of dollars on the border. Just outside of Shelby Park, convoy members held pro-Trump signs and chanted “USA.” Meanwhile, Eagle Pass residents and activists from other border towns such as Laredo led their own chants of “Vive la frontera.”
Some of those residents held a press conference before the governor's. Speakers criticized members of the convoy for “hijacking Christianity.” Others criticized Abbott for taking over a city park.
“Quit wasting our tax dollars on political propaganda,” said Juanita V. Martinez, an Eagle Pass resident and Maverick County Democratic Party Chairperson. “Abbott doesn't care about anything but boosting his Republican political agenda.”
Disclosure: The New York Times has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.
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The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
Texas Tribune
Two political advisers plead guilty in Cuellar bribery case
by By Jasper Scherer, The Texas Tribune – 2024-05-09 12:33:09
SUMMARY: Two political consultants are set to plead guilty to laundering over $200,000 in bribes with U.S. Rep. Henry Cuellar. Court documents reveal their agreement to assist the Justice Department's case against Cuellar, who, along with his wife Imelda, was indicted for accepting nearly $600,000 from Azerbaijan and a Mexican bank. Cuellar supposedly influenced U.S. Treasury policies to benefit the bank. The consultants, who may face 20 years in prison and heavy fines, were reportedly involved in a project that was a front for channeling money to Cuellar, bypassing financial disclosures. Cuellar maintains his innocence.
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Two political consultants agreed to plead guilty to charges that they conspired with U.S. Rep. Henry Cuellar to launder more than $200,000 in bribes from a Mexican bank, according to recently unsealed court documents that show the consultants are cooperating with the Justice Department in its case against the Laredo Democrat.
Cuellar, a powerful South Texas Democrat, was indicted with his wife Imelda on charges of accepting almost $600,000 in bribes from Azerbaijan and a Mexican bank. The indictment, unsealed last week, accuses Cuellar of taking money from the commercial bank in exchange for influencing the Treasury Department to work around an anti-money laundering policy that threatened the bank's interests. Cuellar allegedly recruited his former campaign manager, Colin Strother, and another consultant, Florencio “Lencho” Rendon, to facilitate the payments, according to court records.
Rendon and Strother both struck plea deals with the Justice Department in March, in which they agreed to cooperate in the agency's investigation of the Cuellars. They each face up to 20 years in prison and six-figure fines for charges of conspiracy to commit money laundering.
The plea deals, which were first reported by the San Antonio Express-News, allege that Cuellar first asked Strother to meet with Rendon in February 2016 to “participate in a project to test and certify a fuel additive made by a Mexican company … so that it could be sold in the United States.” Rendon told Strother he would pay him $11,000 a month for the project, $10,000 of which Strother would pass on to Imelda Cuellar, according to the plea agreements.
Rendon paid Strother a total of $242,000 from March 2016 to December 2017, nearly $215,000 of which Strother then paid to Imelda Cuellar, the documents allege. Strother concluded the project was “a sham,” according to his plea deal, because neither Rendon nor Imelda Cuellar “did any legitimate work.” Strother “understood that the true purpose of the payments” was to “funnel money” to Henry Cuellar without the Laredo Democrat having to reveal it in his annual financial disclosures.
Cuellar has asserted his innocence, releasing a statement Friday in which he said his actions were “consistent with the actions of many of my colleagues and in the interest of the American people.”
This story is being updated.
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The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
Texas Tribune
Texas to pay landowners for damage caused by border crime
by By Alejandro Serrano, The Texas Tribune – 2024-05-09 12:05:39
SUMMARY: Texas Attorney General Ken Paxton announced a new program providing compensation for U.S.-Mexico border landowners for damage by migrants and smugglers. The program, established under Senate Bill 1133, offers reimbursements up to $75,000 and requires a police report of the incident. Landowners have 90 days to file a claim for events between September 1 and May 6. The state has allocated $18 million for this year and next. Paxton criticizes President Biden's policies for the influx of migrants causing property damage, and the application process is available online.
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Attorney General Ken Paxton on Thursday opened a program that will reimburse landowners along the U.S.-Mexico border for damage to their land and property caused by migrants, smugglers and drug traffickers.
Landowners have 90 days after an incident to file a claim, which requires a written police report documenting the damage. The state will compensate up to $75,000 for damage to things like a barn or a fence, Paxton's office said in a written statement that blamed President Joe Biden's administration for the problem.
“This program will provide needed relief to Texans whose property is damaged by foreign aliens waved into the country by the federal government,” Paxton said in the statement. “I am glad to help the farmers and ranchers on our borderlands who bear the costs of Biden's destructive policies.”
Property damage caused by migrants crossing through private property — such as cutting through fences as they make their way north — has been a constant problem for border-area landowners for decades. Private property is sometimes damaged when human smugglers try to evade authorities and crash their vehicles into fences or structures.
Landowners can apply online and should expect correspondence via email, according to the attorney general's office.
The Legislature last year approved a law, Senate Bill 1133, to create the program, which appropriated $18 million in state money for the fund for this year and next year.
Land damage before Sept. 1, when SB 1133 went into effect, is not eligible for the program. Landowners have 90 days to file claims for any damage to their land between Sept. 1 and May 6.
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The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
Texas Tribune
TCEQ to vote on Lake Ringgold reservoir near Wichita Falls
by By Alejandra Martinez, The Texas Tribune – 2024-05-09 05:00:00
SUMMARY: The Texas Tribune reports on Wichita Falls' controversial plan to build a 16,000-acre reservoir, Lake Ringgold, to address water scarcity during droughts, exacerbated by climate change. Ranchers in Clay County oppose the lake, fearing it would inundate their properties and disrupt cattle grazing, including land held since the 1880s and locations with deep sentimental and family heritage value. Wichita Falls' Public Works Director, Russell Schreiber, argues that the reservoir would provide essential water storage. Despite a decrease in the city's population and a judge's recommendation to deny the permit due to the lake's excessive scale for the actual need, if approved, eminent domain may be used to obtain necessary land for the project, provoking significant local resistance. The Texas Commission on Environmental Quality is set to vote on the permit.
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HENRIETTA — One rancher said the proposed reservoir would cut through her property and flood areas of her ranch she needs to graze cattle. Another said it would flood ancestral lands that have been in his family since the 1880s. Another said his kid's childhood home, where many family memories were made, would be underwater.
They traveled to Austin last year to voice their opposition to a 16,000-acre reservoir that the city of Wichita Falls wants to build in Clay County, approximately 30 miles east of the city. City leaders have applied for a state permit, arguing that building Lake Ringgold is vital to help the city avoid running out of water during droughts, which climate change has made more common and more intense.
The Texas Commission on Environmental Quality, the state's environmental agency, will vote on the city's permit on Friday. If the city is granted the state water rights permit from TCEQ, it would next need to apply for a permit with the U.S. Army Corps of Engineers; the city needs both a state permit and a federal permit for the project.
The seeds for the Lake Ringgold plan began about three years after Russell Schreiber took a job as the director of public works for Wichita Falls in 2008. A severe drought struck the area in 2010 and lingered for years, nearly draining the city's two reservoirs: Lake Kickapoo and Lake Arrowhead. Schreiber faced the nearly impossible task of finding water during one of the worst droughts to ever hit North Texas.
“It was very devastating,” Schreiber said, remembering how Lake Arrowhead, the city's primary water reservoir, and its other reservoirs came close to drying up.
When Wichita Falls hit a Stage 5 drought, the highest of the stages that's considered a “drought catastrophe,” the city issued water restrictions banning all nonessential water use like refilling swimming pools, using sprinkler systems and washing cars.
From July 2014 to July 2015, the city tried something new: direct potable reuse, a water recycling process that purifies waste and sewer water using a filtration system. The system allows the filtered water to be immediately used as drinking water.
Schreiber said at the time the city exhausted nearly every option to reduce water use, and managed to reduce the demand on the two reservoirs by 75%. But it wasn't enough, and the reservoirs reached an all-time low of 20% of capacity.
This prompted city officials to dust off plans for a new reservoir that's been considered since the 1950s.
“We're the only water supply for the whole North Texas region,” Schreiber said, referring to nearby communities like Olney, Burkburnett, Electra and a dozen others that get water from the same reservoirs. “And it's our job to ensure that there's adequate supply for this region.”
Reservoir project brings concerns from ranchers
After the drought finally ended in 2017, the city applied for a water rights permit with the state to build the Lake Ringgold reservoir.
The reservoir would be formed by building a dam on the Little Wichita River approximately half a mile upstream from its confluence with the Red River and downstream from Lake Kickapoo and Lake Arrowhead.
The reservoir would cost $443 million to build and could hold 65,000 acre-feet of water per year. (An acre-foot of water is enough to cover one acre to a depth of one foot.)
The city would need 24,000 acres of land for the reservoir site, which includes the lake, pump station facilities and transmission line to send water to treatment facilities in Wichita Falls. The city owns approximately 6,662 acres of the land needed for the reservoir, but would still need to acquire the remaining land through purchase or eminent domain. Opponents of the project say it would force more than 25 Texas ranching families to sell all or part of the land.
On Monday, the Little Wichita River's current was aggressive. Much of Texas had experienced heavy rainfall the week prior, and the river's waters ran red with sediment, surrounded by green bushes and trees. Swallows, a common songbird in the area, glided from underneath a bridge to the trees and back.
Less than 5 miles away, Deborah Clark, a cattle rancher in Clay County, said a portion of her land would be seized through eminent domain if the project is approved. Clark has spent decades raising cattle through regenerative agriculture, a practice that draws visitors to her ranch from around Texas to witness the dance between her livestock and the land as her herd of about 5,000 steers moves from one side of her 12,000-acre ranch to the other.
Clark says letting the cattle roam — rather than letting them graze on a single parcel of land — prevents them from putting too much stress on one area and promotes better overall soil health and diversity.
“We use the entire ranch, not just a little piece,” she said.
In December, she spoke against the project during a seven-day contested case hearing before a state administrative judge in Austin, along with many other neighbors.
After the TCEQ issued a draft permit for Lake Ringgold in 2019, Clark and other local residents, along with environmental groups like the Texas Conservation Alliance, disputed that decision, which triggered the contested case hearing — a formal legal proceeding where parties present evidence and arguments regarding a specific environmental permit application.
At the hearing, they argued that Lake Ringgold would harm agriculture in the area and force landowners to sell the city their land.
After the hearing, the judge recommended that the TCEQ deny the city's request to build Lake Ringgold, saying the project was too big for what the city's shrinking population needed. While the city has projected a population increase to 120,000 by 2070, Wichita Falls' population has dropped from 104,000 to 102,000 since 2010, according to the latest U.S. Census.
Clay County rancher's land could be taken and flooded
About 15 minutes away from Clark's ranch, Shane Cody, 54, and his wife Casey, 51, stood in front of their country-style brick home with their dog Blue. It was a picturesque scene, the branches of two oak trees converging into an arc around them.
The couple has owned the 185 acres surrounding the house since 2005, but the land wasn't always this taken care of, according to Cody.
When they bought it to build their dream home — something Cody had promised his wife when they married six years before — the land was filled with mesquite trees, which are not great for cattle. Cody knew he had to remove them because the couple wanted to start a family cow/calf operation.
Cody bought an old bulldozer with a grubber and got to work. For two years, he spent evenings and weekends removing mesquite trees, brush, and roots. He also planted Bermuda grass.
“We put our blood, sweat and tears into this place,” Cody said.
Cody taught their three boys to take care of cattle and hunt deer on the property. During the pandemic, when the world was in lockdown, he even installed a zip line behind the house.
“This is where the boys grew up and learned to be men,” Cody said.
Cody said that now his work, livelihood and family memories tied to his home are at stake. In his office, he pulls out three manilla folders from a filing cabinet, takes out a map of the proposed Lake Ringgold and lays it out on his desk. If Lake Ringgold is built, it could come within feet of the back door of their home, inundating his backyard and, he fears, possibly cutting off their only way to escape the property during a flood.
Less than 20 minutes away, Brent Durham, 61, rode his four-wheeler through waist-high native tallgrass prairie. His property, which is approximately 5,000 acres, is blooming with red Indian blanket, yellow common sunflower and pink Indian paintbrush. Scissor-tailed flycatchers soared across the vast land.
One of the reasons Durham moved to rural Clay County 12 years ago was to experience the wildlife in the area. He raises livestock like cows and sheep on his property.
Part of the land has been in his family since the 1880s. Durham still has the old deeds. His mother spent part of her life on the land and so did his great-grandmother.
If Lake Ringgold is approved, approximately half of his property would be underwater.
“That's why the lake is so sad. This entire pasture would be gone,” Durham said. “I'm pretty sure [the city] could care less. They don't care, they're displacing all of us. ”
Durham has stage four colon cancer that has spread to his lung. He's been on and off chemotherapy since 2021. He said he doesn't have much longer to live, but he thinks of his teenage daughter who lives with him as well as his eldest son, who has a home on the property too.
“I'll be dead way before they construct the lake. But they want to stay here,” he said.
He said the lake would ruin his ability to make a living through grazing livestock.
Meanwhile, back in the city, Schreiber, the public works director, defended the proposed reservoir project.
“If I've got two glasses of water half full sitting on the table, I've got a certain amount of water to use, right?” he said. “If I've got three glasses of water half full, I've got more water to use, right?
“That's the reason reservoirs are built,” he added. “They're built to store floodwaters for use later. You dam up the river and you create an impoundment that stores that water for people to use at a later time.”
Disclosure: Arrow has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.
We've got big things in store for you at The Texas Tribune Festival, happening Sept. 5–7 in downtown Austin. Join us for three days of big, bold conversations about politics, public policy and the day's news.
The post TCEQ to vote on Lake Ringgold reservoir near Wichita Falls appeared first on TexasTribune.org.
The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
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