Trump empowers states to deal with illegal immigration
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... Article I, Section 10, the Constitution declares, “No State shall, without the Consent of Congress, ... engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.”
In other words, although states cannot determine citizenship or set a foreign affairs agenda that’s out of step with the president, they can defend themselves from an invasion.
During the Biden administration, officials reported more than 8 million illegal border “encounters,” a figure that captures the number of people caught by officials while trying to illegally enter the United States. Importantly, data on “encounters” do not reflect the potentially millions of other immigrants who have come to America illegally over the same period but weren’t caught.
Some states have argued that this wave of illegal immigration constitutes an “invasion” and that because the Constitution allows states to combat an invasion, state officials should have the right to take action.
For example, in 2023, Texas lawmakers claimed the state had been invaded and then passed Senate Bill 4, which, among other things, gave Texas police the power to arrest illegal immigrants.
The law has been tied up in court since it was passed, largely because of courts’ reluctance to give states power over immigration and because claims of an “invasion” depend on the Constitution’s meaning of the term, which has been in dispute for years among legal scholars.
Now that the Trump administration has officially declared that the recent immigration crisis is an “invasion,” there should be no doubt that states have the legal authority to defend themselves. This would be a significant enhancement of states’ rights, assuming the designation and subsequent actions on the part of states survive legal challenges.
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Biden's open borders policy allowed an invasion into several states including Texas. Texas and other states should work with the Trump administration to remove the illegal immigrant population. Biden's open borders policy was a disgrace and worthy of his impeachment.
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