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See the link I posted right above your comment; Texas seized a park that they're excluding the border patrol from access to.
How are they excluding the border patrol from it? What happens when Biden says "go in anyway"?
I suspect there would be no practical way to actually stop border patrol without the use of force, and once you cross that line you're in "I may have committed some light treason" territory.
From a legal perspective, Shelby Park is owned by Texas or the town of Eagle's Pass. From a practical sense, they put up fences and parked some state humvees on state or town-owned roads.
I expect the answer is Biden says go in anyway is that Texas flinches and adds trespassing to their lawsuit, but I wouldn't want to bet a whole lot of money on that, or how it would go if it happens.
That's an interesting question: How would this play out if the land in question were private? Can I hang a "no federal agents allowed without a warrant" sign by my door? Even if I had a business open to the general public? Can the state apply such a sign to state land? I don't see a compelling reason why they couldn't. Is there a warrant in this case? Or an existing easement?
If nothing else, there's at least a fair amount of jurisprudence, ironically in the name of "sanctuary cities", that suggests that the Feds cannot compel the state to work with them. Which is, at least, an entertaining academic argument. Although I'm admittedly not particularly aware of the specifics in this case.
No, within such and such distance of the border the CBP doesn't need a warrant to enter private property.
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