As the southern border crisis continues and the Federal Emergency Management Agency denied aid for the catastrophe in Texas, the Center for Renewing America laid out a plan on Sunday for state government actions to mitigate the disaster.
The federal government seems intent to deny any problems with illegal aliens crossing the southern border and to willfully institute catch-and-release policies that are ineffective at preventing illegal immigration. By their refusal to deal with an invasion of millions of people, the Biden administration has abdicate their responsibilities under Article IV, Section 4 of the U.S. Constitution.
The U.S. Constitution in Article I, Section 10, Clause 3 lays out a self-help option for the states in the case of invasion where the federal government cannot or will not respond. In this clause, states may use troops, ships of war, and diplomacy upon invasion.
The Center for Renewing America lists the failings of the federal administration regarding illegal immigration as follows:
- On his very first day in office, President Biden signed an executive order that ended the emergency declaration on the border and halted construction of the border wall.
- The administration’s reimplementation of “catch-and-release” through Executive Order 14010, which releases illegal immigrants into American communities while they await their immigration court hearing.
- The administration’s neglect in enforcing a court order to restore the MPP, better known as the Remain in Mexico policy, whereby illegal immigrants are returned to Mexico to await the adjudication of their status and asylum claims.
- The administration’s refusal to fully utilize Title 42 public health protocols to deport illegal immigrants due to the ongoing COVID-19 pandemic.
- The administration’s freeze of the “safe third country” asylum rule which required potential asylum-seekers to first seek asylum in safe nations along their journey as a means of mitigating pressure on the border and deterring false asylum claims.
With this as the basis for states taking decisive action, CRA suggests a multifaceted three-pronged approach: state guards, border security task force, and legislative action to protect citizens.
First, CRA recommends governors—all governors, whether they are border governors or not—deploy their state guards to defend the border and return illegal aliens to Mexico.
After that, CRA says governors should immediately create a task force for the creation of an interstate compact to secure the border.
Furthermore, the governors should call an emergency legislative session to certify the compact and for the legislators to validate the state’s position.
Additionally, CRA suggests deputizing citizens and partnering them with Department of Public Safety officers as another option for governors to utilize extra manpower. Lastly, governors and DPS should use extra school buses to load up illegal aliens and deport them to Mexico or to other states that do not want border security.
Undoubtedly, the federal government will respond to these state actions, but they can only usurp the governor’s role as commander-in-chief of the guard for either invasion (which the president would then be forced to acknowledge), rebellion (which would be constitutionally untrue), or a pressing need to enforce an action.
The Center for Renewing America stated, “Federalism is part of the fabric of our constitutional republic. It is past time for state lawmakers to remind Washington of this fact and force the constitutional battle necessary to bring an end to the emerging existential crisis of our porous southern border.”
State attorneys general must be ready to defend the state against lawsuits on multiple fronts, beginning with justifying the state’s actions in the Constitution and defending against potential lawsuits where the president tries to take over the guard and stop the deportation of illegal aliens from their territory.
Meanwhile, the legislative body should be passing legislation on screening for sponsors of illegal alien minors, licensing for refugee resettlement contractors, and public publication of data on noncitizen crimes. CRA also suggests stripping cities of their sanctuary status, instituting fines for businesses that employ illegal aliens, and mandating the use of e-verify in the state.
The Center for Renewing America ended their policy brief by stating:
If the Biden administration or federal officials attempt to thwart patriotic state leaders seeking to protect their citizens and restore our nation’s sovereignty, then the federal government will be signaling to every American its intent to operate in a post-constitutional environment that explicitly abandons both the rule and spirit of the law.
Those seeking to resolve this crisis within the existing paradigm of federalism should do everything in their power to avoid such a scenario for both the survival and restoration of our great republic. And those seeking to abandon our constitutional framework to attain their destructive political ends through open borders would do well to understand that there are far more aggressive policy solutions, many outlined in this paper, in the event of their continued lawlessness. They should step back from the abyss now and help restore order on our southern border before it’s too late.