Biden DOJ Court Filing Undercuts Admin’s Attempt To Blame Texas For Migrant Drownings

(John Moore/Getty Images/TNS)

Daily Caller News Foundation logo
Jake Smith Contributor
Font Size:

The Biden administration claimed that Texas authorities prevented Border Patrol agents from rescuing drowning migrants at the Rio Grande River in Eagle Pass, but that claim was undercut by a Department of Justice (DOJ) Monday court filing.

The Texas Department of Public Safety seized control of Shelby Park in Eagle Pass, Texas, along the southern border and is being accused of shutting out Border Patrol agents from trying to police the area. The Biden administration claimed that Texas officials on Friday prevented Border Patrol from providing “emergency assistance” to three migrants who were drowning while crossing the Rio Grande, but Texas authorities were not made aware of the migrants until after they had died, according to a DOJ Supreme Court filing on Monday. (RELATED: Biden Admin Lacks ‘On-The-Ground’ Understanding Of Border Situation, Texas Says)

“On Friday night, a woman and two children drowned near Eagle Pass, and Texas officials blocked U.S. Border Patrol from attempting to provide emergency assistance. While we continue to gather facts about the circumstances of these tragic deaths, one thing is clear: [Texas Gov. Greg] Abbott’s political stunts are cruel, inhumane, and dangerous,” a White House spokesperson told Fox News on Sunday.

Border Patrol and the Texas National Guard were both only informed about the three migrants after they had drowned in the river, according to the court filing. Mexican officials told Border Patrol that three migrants had drowned in the Rio Grande at approximately 8 p.m., and also informed them that two other migrants were currently in distress in the same area of the river.

The acting supervisory Border Patrol agent approached the Texas National Guard and informed them of the three migrants who had drowned, and requested access to Shelby Park so that they could provide emergency assistance to the two other migrants, according to the court filing. The Texas National Guard refused to allow Border Patrol access and chose to go investigate the situation.

Mexican authorities claimed they were able to rescue the two other migrants, according to the court filing. However, Texas claimed that its National Guard “apprehended two migrants” in regard to the incident, and one migrant allegedly received emergency medical services for hypothermia.

Some Border Patrol agents previously told the Daily Caller News Foundation that Texas’ actions to secure the border are working and that the Biden administration’s efforts are not enough. Texas has been in conflict with the Biden administration over how the border crisis should be handled.

Illegal immigration has reached new heights under the Biden administration’s policies. Migrant apprehensions at the southern border crossed 2.2 million in fiscal year 2022, compared to roughly 1.6 million just a year prior, according to Customs and Border Protection data.

All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact