As Texas prepares for the onslaught of illegal border crossers following the Biden administration’s repeal of Title 42, Texas Scorecard reached out to all the Republican candidates in the runoff election for the state legislature to ask whether they would support Texas sending illegal border crossers away as invaders under Article I, Section 10, Clause 3 of the U.S. Constitution.

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit delay.

The attorney general of Arizona recently released a legal opinion validating that the mass of illegal border crossers flooding through Texas and the southwest constitutes an invasion under the U.S. Constitution. With the repeal of Title 42, up to half a million migrants are expected to be released into the U.S. each month.

Senate District 24

Pete Flores: “The reality of the situation is that the border crisis represents an invasion of the United States’ sovereign borders. The Texas Senate has led the way in approving funding for border security. While we should use every tool to force the federal government to accept their responsibility, we cannot be relieved of our duty to protect Texas citizens by delivering safety, security, and enforcing the rule of law.”

Raul Reyes: “I’m the only candidate in this race who’s been pushing for Texas’ elected leaders to DECLARE AN INVASION! And yes, my first act as senator would be to legislate to DECLARE AN INVASION at the U.S.-Mexico border so Texas can ‘Detain and Deport’! The U.S. Constitution is very much on the side of the states. The elected officials have abdicated our state sovereignty by not fully using the powers granted in the U.S. Constitution. A legal reading from AG Ken Paxton will add to what we ALL already know: We are under an invasion, and the federal government is not fulfilling its duty to secure the border. Therefore, TEXAS MUST ACT, as it cannot depend on the federal government to uphold the duty of protecting Texas citizens. Additionally, we must (and I will legislate to that effect) end any Texas taxpayer money from going to the Non-Government Organizations (NGOs) operating, with impunity, as they continue trafficking humans in our great state. TEXAS MUST ACT, ENOUGH IS ENOUGH!”

House District 12

Ben Bius: “In my travels throughout District 12, I say that Texas is being invaded and that we are engaged in a battle with enemies both foreign and domestic. We are in a state of war. The cartels have declared war on Texas and America by trafficking drugs through our state. They are poisoning our towns, our children, and our families. Our border is being overrun. I propose that the Texas delegation to Congress, when Republicans win the majority, should pass “self-help” legislation to confirm that states have an affirmative right of self-defense. Texas is doing the right thing to pressure Mexico to become a party to solving the problem, much like President Trump did. Texas must use its power to defend our citizens.”

Kyle Kacal did not respond to Texas Scorecard’s inquiry.

House District 17

Paul Pape: “As a county judge, I’ve led my county through six federally declared disasters and coordinated recovery efforts from the largest wildfire in state history. They can put whatever labels on it that they like, but I know what a crisis looks like when I see it, and it requires decisive action to protect lives and property.

“I strongly support taking any and all necessary action to protect the safety, security, and property of Texas families and businesses from the crisis at our southern border. While Joe Biden and the Democrats are failing to protect American sovereignty, it is the responsibility of state leaders to stand in the gap with decisive action such as this. Count me in.”

Stan Gerdes did not respond to Texas Scorecard’s inquiry.

House District 19

Ellen Troxclair: “Absolutely. While my opponent denies the existence of a border crisis and has publicly advocated for amnesty for illegal immigrants, I will make securing our border and stopping illegal immigration priority No. 1.”

Justin Berry did not respond to Texas Scorecard’s inquiry.

House District 23

Terri Leo-Wilson: “Yes I would. I also believe that Texas should finish the wall and that Texans should then turn around and sue the federal government for reimbursement.”

Patrick Gurski did not respond to Texas Scorecard’s inquiry.

House District 52

Patrick McGuinness: “It is indeed an invasion when 2 million illegal border crossers entered our soil in the past year, many of them paying drug cartels and human trafficking organizations to come here. Texas should declare it what it is—an invasion—and use that as a constitutional and legal basis for Texas to take stronger action. Texas needs to step up, do the job the Biden administration refuses to do, repel and return those who enter illegally, and finally secure our border.”

Caroline Harris: “Yes, I would support declaring the border crisis an invasion and acting as a state to repel the invasion. Since the federal government refuses to do its job, Texas must step up and solve the immigration crisis. I will fight to secure the border by adding more border patrol and better technology to keep drug cartels, gangs, and human traffickers out of our community. I will also fight to eliminate the magnets that encourage people to enter our country illegally.”

House District 60

Mike Olcott: “I absolutely support declaring the crisis at our southern border an invasion and believe that Texas must utilize Article I Section 10 of the U.S. Constitution to secure our southern border with Mexico.”

Glenn Rogers did not respond to Texas Scorecard’s inquiry.

House District 61

Paul Chabot: “Yes, this is an invasion and our nation is under attack from cartels. Our state of Texas is experiencing a 30 percent increase in drug overdoses just from last year because of the open border. We are not a nation unless we have respected borders. My plan calls for a full activation of our state guard to build the wall and the implementation of tollbooths at all vehicle entry/exit points into Mexico. Funds from the tollbooths will help pay for the wall.”

Frederick Frazier: “It is an invasion. Something has to be done and Border Patrol’s hands are tied. The Border Patrol Council has endorsed me in this race. If we would deputize these Border Patrol agents, we could get more done by giving them better access to make an arrest, detain, etc. We also have to build the wall and use all available resources. It affects us all.”

House District 63

Jeff Younger: “I believe the massive surge in people entering the country constitutes an invasion. Article I, Section 10, Clause 3 of the U.S. constitution authorizes us to take action. We should lay a ‘duty of tonnage,’ a tariff, on Mexico to fund our border defense. We should muster a Texas militia to defend the state and deputize them to make arrests. We should enter a compact with Arizona and other border states to coordinate state war powers to repel the invasion. Illegal entry into the State of Texas should be punished by prison time in tents along the border. We should grant early release to all illegal invaders who serve on work gangs to build the wall and build large detention facilities on the border.”

Ben Bumgarner did not respond to Texas Scorecard’s inquiry.

House District 70

Eric Bowlin: “I believe to be a leader, Texas must secure our southern border. I support securing the border through any means necessary, building the wall, and cracking down on illegal activity pouring into Texas across the border. I agree this is an invasion and will work to keep our state safe, even in the face of political pressure from the left. Our state’s security is too important to compromise.”

Jamee Jolly did not respond to Texas Scorecard’s inquiry.

House District 73

Carrie Isaac: “Joe Biden’s reckless dereliction of duty is not just an affront to the rule of law, but a huge public safety risk for Texans. The Lone Star State should use all means at our disposal to stop the flow of illegal immigrants that threatens our sovereignty and our safety, including declaring the crisis what it is—an invasion.”

Barron Casteel did not respond to Texas Scorecard’s inquiry.

House District 84

David Glasheen: “Absolutely. The federal government has failed America, and Texas in particular. We have a duty to defend our border, and I fervently support using every legal option to stop this invasion.”

Carl Tepper did not respond to Texas Scorecard’s inquiry.

House District 85

Phil Stephenson: “I would absolutely support declaring the border crisis an invasion because that’s what it is. I will support any effort by the State of Texas to repel this invasion and get the chaos that is spilling over our border and into our state under control. The Biden administration is clearly not concerned about defending the nation, let alone a state (Texas) that is an obstacle to his far-left, anti-American agenda.”

Stan Kitzman: “Unchecked immigration is invasion. The current situation on the Texas border in an invasion. If the Biden administration will not protect the citizens of Texas, then Texas must take charge and do what is necessary.”

House District 91

David Lowe: “I will absolutely support declaring the border crisis an ‘invasion’. Texas must do everything in its power to stop the unlawful entry of thousands of illegal aliens.”

Stephanie Klick did not respond to Texas Scorecard’s inquiry.

House District 93

Laura Hill: “Yes, I support doing everything in our power to secure our border.”

Nate Schatzline: “As a state legislator, I would do everything in my power to stop the crisis at the border. It is an invasion and it warrants extreme action. The border issue is a crisis in many ways, and it fuels human and drug trafficking in our country in an unprecedented way. The border must be closed, and the Texas Legislature must take action.”

House District 122

Neither Mark Dorazio nor Elisa Chan responded to Texas Scorecard’s inquiry.

House District 133

Mano DeAyala: “Arizona’s attorney general’s recent opinion argues, ‘The State Self- Defense and Invasion Clauses is not limited to hostile foreign states but includes 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.’ Texas has been in this fight to defend our border against cartels and gangs and their never-ending attempts to move drugs and people across the border, spending close to $3 billion this budget cycle. The Texas National Guard, DPS, and local law enforcement agencies are Texas’ first line of defense, and because of the failures of the Biden administration, we must continue to fund their efforts to secure our border and keep Texans safe. Ending Title 42 will make the border crisis even worse and is the last of the Trump administration’s effective border control policies. As a board member of the Texas Board of Criminal Justice, I have seen the challenges of the border crisis created by the Biden administration and the need for Texas to manage its own border security. I’m prepared and ready to lead on border security in the Texas House for District 133.”

Shelley Torian Barineau: “Should the Biden administration stop authorizing Title 42 expulsions of illegal immigrants in late May, illegal immigrants will walk into our country without fear of being sent home without being offered asylum. All this boggles the mind when millions of taxpaying Americans, and school children, must comply with draconian COVID mask mandates in air travel, public transportation, college, grade school, and in federal buildings. The State of Texas must act to defend its southern border by all means available, because cartels, human traffickers, and deadly drugs are flowing freely into our beloved state because the federal government refuses to fulfill its constitutional duty! If Governor Abbott declares this illegal immigration an invasion in order to protect our citizens, I would support him to avoid a humanitarian crisis of epic proportions on our southern border.”

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