Shelby Park is named for a famous border crosser, Confederate General Joseph Shelby. Unlike most border crossers today, General Shelby crossed the Rio Grande into Mexico. He refused to recognize Robert E. Lee’s surrender at Appomattox in 1865. He forded the shallow Rio Grande at Eagle Pass with a band of soldiers and stopped midstream—to bury his unconquered Confederate Flag. He never realized his dream to lead a future South uprising. After crossing the border, the group was detained by Mexican rebel authorities loyal to Benito Juarez. The Mexican authorities gave the band free passage southward, and allowed each man to keep his horse and rifle after they surrendered their artillery. Shelby’s band made it to Mexico City where Maximilian refused the general’s offer to help the French-imposed emperor fight the Juarez rebels in the north.
There is a black dog that roams Shelby Park nowadays. It looks like a black lab with a white streak on its chest.
“The agents have different names for him—Blackie, Pancho …”
“Chuy,” added the second Border Patrol agent. The two agents were parked in two white SUVs. The vehicles had the green stripe and BP seal. They were parked on the landing under the United States flag pole on the bank of the Rio Grande. The bathers on the shaded Mexican bank could see the two SUVs clearly in the descending hot sun in the Middle of July.

“He swam across three months ago and couldn’t swim back. Now he’s just here in the park. Some of the agents feed him,” said the first agent, “He’s always here.”
The agents seemed bored as they exited their vehicles to stop Blackie from snapping at Lucky, who looks just like Blackie, only female. We were out for an evening walk. The sardonic humor of the dog’s various names revealed the agents’ reaction to the long hours of waiting, watching, feeding a dog and naming it.
I went fishing the previous night at my favorite spot in a clearing among the Carrizo just north of the park. As twilight fell, I climbed up the bank on the earthen steps that another angler had cut before me. I did not catch anything.
A third Border Patrol agent drove up slowly on the soft dusty road that parallels the river with only the thick Carrizo-covered bank separating the road from the water.
“Catch anything?” he asked me.
“No officer, how about you?” I replied.
Unlike the other agents, he was working the night shift. Blackie was trotting alongside the slow moving SUV.
“I don’t know his name. Border Patrol K-9? He’s always here,” said the night shift agent.
The night agents enjoy less sardonic time. As the night cools, the action heats up. People illegally cross the river and hide in the Carrizo cane until nightfall. Then they cross the dusty road, scramble up the brushy bluff, and disappear in the old Loma de la Cruz neighborhood of Eagle Pass.
Blackie made tracks on the clean dusty road that the agent had just finished clearing by towing the old tractor tires with chains behind his SUV to smooth out the road. This way he could see fresh “signs,” like Blackie’s paw prints. Blackie didn’t know. Neither did he realize the irony of his situation. He didn’t belong to any country, really. The Border Patrol couldn’t, or wouldn’t return him to Mexico. He was just a stray dog. No collar or dog tags, let alone registered papers or the required vaccination card for crossing dogs at a port of entry. The Border Patrol had not called the city’s vector control. Instead, the agents fed him from their vehicles and named him various names for various reasons.
Unlike the human crossers, Blackie did not venture farther north, but rather stayed near the river and always accompanied the constant Border Patrol presence. Thus, Blackie’s master was the Border Patrol and not any one agent. The agents had their shifts, which were always changing, but someone in a white vehicle with a green stripe would always be parked in Shelby Park with some leftover food. The river provided plenty of water. The vehicles provided the shade.
Why did Blackie cross the Rio Grande? To find a better life away from the packs of dogs that roamed the crowded streets of Piedras Negras? Did he leave a family behind that watched helplessly as he swam across? Blackie had found space—a whole, empty park to himself. And he found a niche in the border and the Border Patrol.
The Border Patrol had zero tolerance for human crossers. Detain, imprison or deport as fast as possible. But a canine crosser was okay. Were the agents cruel, hypocritical, and inhumane? Or did their care for Blackie show their humanity? The duality of meaning reflected the duality of the border. Two countries: one rich, one poor. Two animals: one human, and one beast. One river with two banks molded by erosion and accretion. Two populations, both loving and hating emigration and immigration. As much as natural forces pushed the two worlds together, artificial forces kept them separate. But there were real differences, like people and dogs, and those differences remained as the water of the river flowed past and the people of the south trekked north.
I wondered if Blackie qualified as an “OTM.” OTM stands for “Other Than Mexican,” which is a term usually reserved for Central Americans. The OTMs used to cross the river en masse daily. They preferred crossing at Shelby Park and the adjacent municipal golf course because the river is shallow and the city is less harsh than the south Texas chaparral.
They would seek out the Border Patrol or city police, get detained, and then be paroled into the country for a future hearing before an immigration judge under the now abandoned “catch and release” policy. Mexicans were simply deported by dropping them off at the border and watching them march across the bridge. I saw it once a couple of years ago at International Bridge No. 2 while I waited for inspection in the long US-bound lane. A column of young men filed out of an ultramodern windowless white bus with the navy DHS seal. They walked single-file along the bridge sidewalk heading west, to Mexico.
The word spread that Eagle Pass and Piedras Negras—“La frontera blanca del norte”—was a nice place to cross. The pair of rural border cities enjoys a clean reputation of culture, romance, and safety unlike Nuevo Laredo, Ciudad Juarez or even nearby Acuña. The novel and movie, Like Water for Chocolate, was set here. The local politicians have invested in the slower, but legal, economic development of maquiladoras, aided by the massive mining and electrical operation twenty miles south that generates 10% of Mexico’s electricity. Corona is building a “Mega-plant” that will be the largest brewery in Latin American. All for export north, like the maquiladoras.
Tens of thousands of OTMs crossed and overwhelmed local law enforcement. They were paroled and released with a future immigration court date in San Antonio and never appeared. The Border Patrol nicknamed Eagle Pass, “Illegal Pass.” The OTMs knew to actively seek the Border Patrol to expedite the process.
Then came Operation Streamline, a pilot program that began in the Del Rio Division of the United States District for the Western District of Texas, an expansive border district from Eagle Pass to El Paso. Zero tolerance. No more catch and release, detain and parole. All illegal crossers—Mexicans and OTMs—would be prosecuted and imprisoned. Subsequent offenders would become felons. Enter “cattle-call” assembly line justice; lining up the orange-jumpsuited defendants before the federal judge. The judge reads them their boilerplate rights in English and asks the row of defendants if they understand. The simultaneous interpreter deftly repeats the utterances in Spanish.
“Sí,” “Sí,” “Sí,” “Yes,” “Sí,” “Yes,” “Sí,” “Sí,” they say with the interpreter echoing “Yes” when needed. And they all understand their rights, almost every time. Almost all plea guilty.
More U.S. Attorneys were hired, but not as many federal public defenders. More Border Patrol agents, but not more judges and magistrates. The federal courts are swamped with the prosecutions of two crimes: illegal entry and illegal reentry. Marijuana backpack smuggling is big too, of course, usually in conjunction with illegal entry. The War on Immigrants is becoming as entrenched as the War on Drugs.
The courts have become a model of innovation and efficiency. The few judges and magistrates keep pace with the new enforcement policies. Technology helps compensate for limited resources. The courts also prefer more efficient, but controversial litigation structure. Groups of co-defendants are tried together; severed trials are disfavored despite the benefits of separate trials for less culpable defendants.
The pilot program worked and spread to other border districts. Illegal crossings are down. The policy has been dubbed “Crimmigration” by unnamed defense attorneys quoted in the Dallas Morning News. The Western District has its share of hardened border criminals, yes, but now many more nonviolent offenders.
More prisoners and more prisons. A new jail is being built outside Eagle Pass. Maverick County is eager for the federal dollars for federal inmates. A private company will run the prison. The county just awarded the telephone contract to a Pennsylvania firm. The firm will pay the county $25,000 up front and up to $500,000 per year. That is a lot of international calls to family members back in Oaxaca. The county needs revenue. Maverick County is one of the top ten poorest counties in the country. It was so broke it could not provide EMT services and one person died last fall when the city refused to assist the county anymore.
Operation Streamline reduced the surreptitious entries but the OTMs’ historical statistics remain. Those statistics have been cited as rationale for the border wall in Eagle Pass. The proposed border wall will consist of steel tubes with spaces in between. Rumor has it that the prison industrial complex will construct the steel tubes. And now, thanks to Operation Streamline, much of the prison labor could be convicted border crossers helping to secure the very border they crossed. They did find employment afterall, but not what they sought, and for much lower wages than the underground labor market.
The border wall will shore up the “Thin Green Line” that is the Border Patrol. In Eagle Pass, the wall will span two miles, only in the city along public parkland and the golf course. There will be a 50 mile gap to the north to Del Rio and a 150 mile gap to the south to Laredo; no border wall is proposed for the private river-front ranches with no public access to the Rio Grande.

Blackie the Dog does not need the border fence. He never leaves Shelby Park. He will continue to roam the vega, get handouts from the Border Patrol and drink from the river. Blackie might not have access into Eagle Pass or the greater United States, but he does not want it. His niche is the border, the U.S. border.
Yesterday, I went for a Sunday morning jog with Lucky down to the park. An agent approached me at the edge of the boat ramp parking lot. Blackie was standing resolute near two other Border Patrol vehicles. Lucky was making playful forays at him across the lot. Blackie did not like it.

The agent did not know Blackie’s name, but he said that one night the dog “saved their life.” They were patrolling north of the park near the thick Carrizo, and Blackie “alerted to some wets.”
“A man’s best friend. Ever since then, we bring him food. Some of the agents buy dog food at Wal-Mart and bring it to him. Agents even give me food to give him.”
Blackie probably crossed the river by accident. He likely misjudged the current and found himself in the middle with two choices: return or continue, live or die. Blackie chose to live, like so many of the people that cross.
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Ale under Int’l Bridge No. 1 in Shelby Park
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Bathers in March on the Mexican bank across from the boat ramp
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Jake with UI Law Students Cassie and Chrissy next to border fence stake
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View of Shelby Park boat ramp parking lot from Bridge No. 1 on Dia del Abrazo 2008