County officials want Gov. Abbott to declare invasion

 John Daniel Davidson:

A handful of Texas counties on Tuesday declared the ongoing border crisis an “invasion” and called on Texas Gov. Greg Abbott to do the same, citing constitutional authority for states to act in self-defense in the face of federal inaction.

Speaking in rural Kinney County, which includes a stretch of the U.S.-Mexico border, officials from Kinney, Uvalde, and Goliad counties said the Biden administration has refused to secure the border and enforce the law, and that although Abbott has done much to support local communities in south Texas most affected by the crisis, he needs to do more. Namely, he needs to follow their lead and declare an invasion.

County officials of course can’t do anything about illegal immigration on their own, but their argument is that Abbott, as governor of Texas, can. They cite Article I, Section 10, Clause 3 of the Constitution, which says that states can’t do things like conduct foreign policy or engage in war, “unless actually invaded, or in such imminent Danger as will not admit delay.”

Those three words, “unless actually invaded,” are the crux of the argument. The idea that states have the constitutional power to act on their own to enforce immigration law and police the border has been gaining ground for some time now. Former Trump administration officials such as Russ Vought and Ken Cuccinelli, both now at the Center for Renewing America, have made a case for unilateral state action on the border.
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That is, declaring an “invasion” means that state law enforcement, at the direction of the Texas governor, would directly arrest and expel to Mexico illegal immigrants in much the same manner as Border Patrol and U.S. Customs and Border Protection does now under Title 42, the pandemic health order that allows federal authorities to expel illegal immigrants with minimal processing.

So far, Abbott has been reluctant to take this route, instead attempting lesser measures such as arresting and prosecuting illegal border-crossers for criminal trespass or ordering onerous state inspections at ports of entry as a way to pressure his Mexican counterparts into stopping migrants in Mexico before they cross the border.

These lesser measures, however, haven’t done anything to stem the flow of illegal immigration, which continues, month over month, to set new records. Perhaps it’s time for Abbott to listen to these local officials, and also to people like Rep. Chip Roy, R-Texas, who was also at the press conference Tuesday and said, “We should declare an invasion and, as Texas, turn people away.”
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It is not clear why Abbott has not taken this step so far.  I would have to see compelling evidence why it shouldn't happen.  I think it would be a proper response to Biden's failure to do his job.