Overnight, the Del Rio federal courts entered an order — preparing both sides for what the arguments on March 4 and 5, 2024 will center around.

And this presaging in no manner favors the lawless position of the State of Texas. We will keep you posted, but here it is:

…It is ORDERED that the parties at the March 4, 2024 and March 5, 2024 hearings be prepared to discuss whether the Fifth Circuit Court of Appeals remanded this case for the Court to make new factual findings only, or to make legal determinations in light of new factual findings to be made after taking evidence.

It is FURTHER ORDERED that the parties at the March 4, 2024 and March 5, 2024 hearings be prepared to discuss how new factual findings may impact appellate review of the Court’s November 29, 2023 preliminary injunction decision, considering that the evidence to be taken at the hearings will not have been before this Court before the preliminary injunction decision was entered. It is

FURTHER ORDERED that at the March 4, 2024 and March 5, 2024 hearings, the parties submit photographs, videos, and maps needed to make new factual findings.

It is FURTHER ORDERED that the scope of the March 4, 2024 and March 5, 2024 hearings include all the issues raised in the parties’ joint brief [ECF No. 83], including but not limited to:

A. The Defendants’ use of and access to Shelby Park and surrounding areas;

B. The Plaintiff’s control of municipal and non-municipal land in and around Eagle Pass, Texas since November 29, 2023;

C. The scope of the physical area that the Plaintiff has occupied in and near the Shelby Park area since November 29, 2023;

D. The Defendants’ access to the Rio Grande in and near the Shelby Park area since November 29, 2023, including but not limited to boat ramp access;

E. The Defendants’ ability to surveil the border, patrol the border, apprehend migrants,process migrants, and perform other duties in and near the Shelby Park area since November 29, 2023;

F. The Defendants’ ability to respond to medical emergencies in and near Eagle Pass,Texas since November 29, 2023, including the Defendants’ ability to access Shelby Park and surrounding areas on or about January 12, 2024;

G. Events in and near the Shelby Park area on or about January 12, 2024, including but not limited to migrant drownings; and

H. The frequency of migrant crossings in and near Eagle Pass, Texas since November 29,2023.

Signed by Chief Judge Alia Moses. (jaw) (Entered: 02/16/2024)….

Now you know. Onward — but still shaken by Alexei’s murder in the arctic prison — by Putin and his thugs.

नमस्ते

The only thing that matters, is that the federal CBP and DHS have until mid-March of 2024 — to answer the Texas complaint. [By then, the Fifth Circuit may have already tossed the case.]

Rather churlishly, though, she declined to stay her proceedings while the Fifth Circuit (and perhaps Supremes) decide whether federal statutes unchanged though nearly a half-century’s worth of litigation practice… mean what they say, at 8 USC § 1225(a)(1) and (3), regarding immigration matters — at the border.

No. . . she chose instead to write (rather imperially) in her two page order’s conclusion “…matters pending in this Court may be clarified by any decision by the Fifth Circuit Court of Appeals….”

Welp… in fact, Judge Moses — they may be obliterated, too. Not just “clarified“.

The feds have the right to “inspect” people at our border. See 8 USC § 1225(a)(1), and (3). The razor wire (without serious dispute) is impeding that Congressional mandate.

Game over.

Onward.