On Thursday, August 11, Medina County residents filled the courthouse annex in Hondo, Texas.

On the agenda, a particular bullet point is notably missing–––a declaration of invasion.

Two weeks prior, Judge Chris Schuchart and the commissioners court stated that when approached with the invasion declaration and public testimony, he believed the proposed document needed to be rewritten as, according to Schuchart, there were misstatements.

Despite the judge’s claim that there is no benefit to signing the papers, the commissioners court intended to pass the declaration. The judge also claimed that the other counties that have signed onto the resolution must not have read the documents they signed, suggesting that other county judges of over 11 counties are either incompetent in their understanding of the law or willfully didn’t bother to read the short resolutions they have all passed.

Many residents viewed this action as a blatant dismissal of their vocal expectations from elected officials. They patiently waited for the following commissioners court date, expecting the rewritten verbiage by the judge would be voted on, as promised.

However, the declaration of invasion was notably missing when the meeting agenda was released. The seating area was once again full of several Medina County residents who signed up to testify to stress their grievances. When the floor was open for public comment, Julie Clark, the new GOP chairwoman of Medina County, began the conversation by laying out the dangers of the active invasion, reminding the court of how Medina County and all of Texas have been significantly impacted.

Clark passionately reminded the court that it is their duty to uphold their oath of office to protect the citizens they were elected to serve.

Texas has seen more than 1 million apprehensions in the five Customs and Border Protection (CBP) sectors covering the state in just nine months of the federal Fiscal Year 2022. Medina County borders the Del Rio CBP sector, which is often first in the monthly number of apprehensions in the state. Railroad tracks serve as quick, easy, and often deadly means of transport for illegal aliens. In the beautiful small city of Hondo, where signs remind drivers to watch their speed, illegal aliens are often seen jumping off of railway cars or hitching a ride as the trains whistle through the small rural town.

Right on the Medina County line, I snapped a photo of a migrant group apprehended by CBP agents on the same rail tracks heading straight into the Hondo city limits. The railroad was also mentioned in an interview conducted by Devine News, where Sheriff Randy Brown explained, “I don’t know exactly what border town these people are getting on, but I know where the trains stop: in Medina County.”

IA's Removed from Train Near Hondo; Photo By: Sheena Rodriguez

IA’s Removed from Train Near Hondo
Photo By: Sheena Rodriguez

Ironically, as I was returning to Uvalde after leaving the commissioners court, I spotted a young male, presumably an illegal alien, riding on the side of the train car, feet dangling as he enjoyed the free ride into Medina County.

In June, Devine News reported on a car erupting into flames after evading police, damaging property, and resulting in the burning of 10 acres on a family ranch in Devine. Sheriff Randy Brown told Devine News, “Two subjects fled on foot. … We did an extensive search, but they are still at large, most likely picked up by their pilot vehicle. They usually always run IA’s [illegal aliens] with a second vehicle close by. Often, as we try to stop the suspect vehicle, the pilot vehicle will attempt to block us by trying to ram or wreck our vehicles.”

In May, KENS5 news station reported on a human smuggling case that crossed over three counties, including Medina. Sheriff Brown explained to KENS5 that the bailout was the fifth chase through the county lines within 24 hours.

It is easy to understand why so many Medina County residents are concerned about the direct impacts of the border crisis on their towns and Texas itself. Yet, Jerry Beck, commissioner of Pct. 4, claims in his self-written commentary posted in Devine News that he would “rather see our Republican Party get on the bandwagon with the over-65 tax freeze than press us to agree to a declaration that is a formality more than anything else.”

Certainly, Beck is not suggesting that the border crisis is not a pressing issue impacting Medina County residents? Regardless, I digress.

Why would the elected county officials blatantly disregard the concerns of the citizens who voted for them? Surely there must be sound reasoning for such dismissals … right?

Let’s revisit the comments by Judge Schuchart at the meeting on August 11. After the testimony given in front of the court by Julie Clark and myself, Schuchart made several claims attempting to justify the dismissal of the people’s demands.

First, Mr. Schuchart states that the declaration is unnecessary given that Medina County has already signed onto the governor’s disaster proclamation. Gov. Abbott signed the original proclamation on May 31, 2021, essentially granting the necessary authority for Texas law enforcement granted by Operation Lone Star (OLS) to arrest illegal trespassers, among other actions. The disaster proclamation was renewed on July 21, with Medina County on the list of impacted counties.

Consequently, the counties that signed the proclamation became eligible for grants through the Texas Department of Emergency Management (TDEM) to help absorb the mounting financial cost necessary to fight the active invasion.

Medina County signed onto the original proclamation and did receive monies through the grant program, as confirmed by Schuchart during the meeting. Given the history, it is reasonable to assume that by resigning the renewed declaration, Medina County would potentially be eligible for more taxpayer-funded grants if made available. Signing the proclamation makes one wonder if Medina elected officials clearly recognize the impact on the county only when dollar signs are attached.

So, what makes the resolution urging the governor to declare an invasion different?

Judge Schuchart is correct when stating that the resolution holds no significant weight behind the declaration; however, the declaration of invasion recognizes that additional steps are needed to protect the sovereignty of Texas, its citizens, and its territories. The declaration also shows support for such bold, unprecedented action illuminating that Texas is united in this battle against criminal cartel organizations and the treasonous federal government refusing to uphold the duty of protecting U.S. citizens and states.

Mr. Schuchart stated several times that he is a recovering lawyer. Another key point to his argument for dismissing the people’s will was saying that Texas does not have the legal ability to defend itself against the crisis in a manner many desire. The judge regurgitated the typical rhetoric of immigration being a federal issue, citing the typical court cases. Therefore, according to Schuchart, the problem can only be solved by those residing in D.C., as the cases through the federal appellate courts of California, Colorado, and Texas are annotated as “law.”

Surely, a recovering lawyer would understand that is factually untrue.

First, as a homeschooling mom, I feel it is vital to hold a brief lesson on the purpose of the judicial branch of government. The courts do NOT create law. Only the legislative bodies can make law. The purpose of the judicial system is to INTERPRET law and determine whether laws are constitutional.

Suppose the Honorable Schuchart referred instead to the cases from the 1990s regarding the invasion clause. In that case, it is essential to note that courts determined that the invasion determination could not be reached, citing in their opinions that the charges were “political questions.” Therefore, the opinions are dicta, meaning NOT legally binding. The cases were dismissed, citing no request for a specific remedy.

Arizona Attorney General Mark Brnovich went into great detail about how the previous cases do not apply to the current crisis, given that the declaration of invasion is regarding defining the transnational cartel organizations and gangs as the perpetrators who are wreaking havoc on sovereign state lands and pose a substantial immediate security threat.

The opinion released by Brnovich states:

The issue of “invasion” under Article IV, Section 4 of the U.S. Constitution has previously been analyzed and litigated related to immigration law and interior enforcement. See, e.g., Arizona, 567 U.S. 387; California, 104 F.3d 1086. But the issues expressed in this opinion relate to a different power—the power of defense against cross-border invasion under Article I, Section 10 of the U.S. Constitution.

In simple terms, no previous court cases have defined the meaning of the word “invasion,” nor has there been a case addressing the invader as transnational cartel organizations and the state’s ability to defend itself against cross-border invasion from such organizations. To state otherwise would be factually untrue, which is what Judge Schuchart attempted to pass off as an excuse for not accepting the resolution. But, hey… what do I know? I’m just a homeschooling mom, not a “recovering lawyer.”

As Mrs. Clark noted in the interview with STB Media shortly after Judge Schuchart shut down further public testimony, there is nothing Medina County stands to lose from passing a resolution declaring this as the active invasion it truly is. From an all-Republican commissioners court, it is difficult to excuse the blatant disregard for the people’s will, especially during such unprecedented times.

What it comes down to is, how many more excuses are Texans willing to accept by the elected officials on the city, county, and state levels? Unassuming Texas children are dying daily from fentanyl poising. Drug addictions ruin Texas families with a nonstop plentiful supply flowing over our sovereign land. Innocent children are exploited, raped, and trafficked through Texas soil. Ranchers are forced from their generational lands. Teenagers are coerced by the cartel and a promise of a quick buck and used to smuggle human beings.

Property stolen, land ravaged, laws disregarded, millions crossing on Texas public and private property as state sovereignty is outright dismissed. All facilitated by the very same federal government these elected officials continue to push the responsibility to for a resolution. Yet, even with nothing to lose, elected officials refuse to do what is morally right and dismiss their constituents’ concerns.

How much longer until Texans remember the spirit that has driven the Republic of the Lone Star and no longer accept such feeble excuses and blatant failures to do what is necessary?

This is a commentary published with the author’s permission. If you wish to submit a commentary to Texas Scorecard, please submit your article to submission@texasscorecard.com.