Unprecedented Times Demand Extraordinary Actions
More leaders are calling on the Governors of the southern border states to declare the unprecedented flow of illegal aliens an “invasion.” In absence of the federal government upholding its obligation to do so, there is a Constitutional provision that preserves the State’s rights to defend their borders.
Article I, Section 10, Clause 3, of the Constitution of the United States stipulates that, “No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit delay.”
There is no question the Southern states are being invaded. The criminal cartels have functional control over most of our southern border and are illegally traffic humans, drugs, and criminals at will, while raking in a reported $14 million a day. There is no effective resistance to this lawlessness from our federal government. The question remains whether the States will take this unprecedented action and protect their citizens.
Declaring the onslaught of illegal aliens pouring across our borders an “invasion” will allow the States to take necessary measures to deter and remove illegal aliens. As long as the crisis continues to be addressed as an “immigration” issue, all power and authority of what is to be done with the illegals resides with the federal government. If instead, States declare they are being invaded, they are protected under the Constitution to take the necessary action to protect the citizens and their territory.
Just the News reported that seven Texas Counties have now made this declaration, in part to compel Texas Governor Greg Abbott to do the same so that the state and counties can take additional actions. These are Kinney, Edwards, Goliad, Terrell, Presidio, Maverick, Parker, and Atascosa Counties. (Invasion Resolution Template download). While Governor Abbott agrees the federal government has failed to uphold its responsibility, he has only authorized “the Texas National Guard and the Texas Department of Public Safety to respond to this illegal immigration by apprehending immigrants who cross the border between ports of entry or commit other violations of federal law, and to return those illegal immigrants to the border at a port of entry.” (Executive Order GA-41, July 7, 2022).
In other words, the illegal aliens are sent back to the Texas border, but not back to Mexico. Expect them to return. Those on the border have reported that under the Biden Administration, criminals are not even detained, but are instead released back into the American population.
Arizona Attorney General Mark Brnovich issued an opinion that the State of Arizona has the power and obligation to declare an invasion. The Center for Renewing America, a conservative nonprofit thinktank, has been advancing the invasion argument and has issued several substantive policy papers supporting this position.
These are unprecedented times that require extraordinary courage from our statewide elected leaders. We expect them to carry out bold and decisive action that is legally defensible and within their Constitutional authority to protect the American people. Frankly, we are not concerned whether another state in another time has already blazed this trail. This is the moment for our generation to do so, using the Constitutional provisions our forefathers wisely secured for us. Those protections were inked expressly for a time such as this – providing essential authority for those on the frontlines of the border crisis to defend their homes, lives and country. Anything less is morally unconscionable.
