In a desperate attempt to curb Biden’s border crisis, multiple Texas counties on Tuesday will declare that the migrant crisis at the southern border is an “invasion,” a move that has never been implemented before in United States history, and could lead to similar declarations across the state.
Kinney County Judge Tully Shahan is expected to announce the move at a news conference Tuesday afternoon, along with a number of other officials from other counties who will join him.
Kinney County Attorney Brent Smith believes as many as 12 to15 counties could end up having declared an invasion by the end of the month, signaling that Texas is ready to call for desperate measures.
With illegal immigrants hitting record-level highs, and with more than 239,000 migrant encounters in May alone, there has been ramped-up rhetoric amongst those most concerned about the merits of declaring the crisis an “invasion”, which would open up a number of potential legal avenues for states.
According to Fox News, former Office of Management and Budget (OMB) Director Russ Vought and former acting deputy DHS Secretary Ken Cuccinelli have both urged governors to make the declarations and use war powers to order Arizona’s police or National Guard to remove illegal immigrants to Mexico themselves.
They have pointed to language in Article I of the Constitution, which allows for States to “engage in War” when it has been “actually invaded, or in such imminent Danger as will not admit of delay” without the approval of Congress. They also note Article IV says the U.S. “shall protest each [state] against invasion.”
Representative Chip Roy held a press conference on Tuesday supporting the declaration saying “we should declare an INVASION. We should, as Texas, turn people AWAY, and do what is necessary to secure our communities.”
Originally the idea was brought up in February and was perceived well when Arizona Attorney General Mark Brnovich issued a legal opinion declaring the crisis an invasion, arguing that the definition of “invasion” contained under the U.S. Constitution is not limited to hostile foreign states, and can include “hostile non-state actors.”
“The violence and lawlessness at the border caused by transnational cartels and gangs satisfies the definition of an ‘invasion’ under the U.S. Constitution, and Arizona therefore has the power to defend itself from this invasion under the Governor’s authority as Commander-in-Chief,” Brnovich wrote in his legal opinion. “An actual invasion permits the State to engage in defensive actions within its own territory at or near its border.”
Cuccinelli told Fox News that the “invasion” declaration by the Texas countries was significant and should now put more pressure on Texas Gov. Greg Abbott to make a statewide declaration himself, perhaps promoting other border states to follow suit.
“The key here is you’ve got the first legal ruling that the southern border situation is an invasion,” he said. “One, that’s obviously very significant, and two it’s going to — as it should — put enormous pressure on Governor Abbott to adopt that position themselves and to respond accordingly.”
Cuccinelli said “Last week Governor Abbott was in Eagle Pass and he said something to the effect of unprecedented times calls for unprecedented action or measures. And the counties that have declared an invasion agree with Governor Abbott that these are unprecedented times where local and state governments have to work together and take unprecedented action.”
“And the only reason we have to do this is because President Biden has failed to secure the border at all. So we’re standing with the governor and we’re declaring an invasion in the hope that he will stand with us in doing so,” Cuccinelli said.