In light of the surge of illegal immigration on the border since President Joe Biden took office last year, citizens have increasingly called for border states to fill in the gap created by his lax policies.

Since the U.S. Supreme Court has disallowed states from enforcing federal immigration law in Arizona v. U.S., one of the most prominent solutions proposed now is for states to declare an invasion at the border, thereby activating a constitutional protection.

Article I, Section 10, Clause 3 of the U.S. Constitution allows for states to repel an invasion themselves by utilizing their state guards in the absence of federal action. 

Although Texas Gov. Greg Abbott has yet to declare an invasion, several Texas counties—including Kinney, Goliad, Val Verde, Tarrell, and Zavalda—declared an invasion earlier this month.   

On July 25, the DFW-area Parker County Commissioners Court unanimously approved a proclamation of a state of disaster, calling illegal immigration an “invasion” and exhorting Abbott to “immediately prevent and/or remove all persons invading the sovereignty of Texas and that of the United States.”

Parker County Sheriff Russ Authier told commissioners during their meeting on Monday that the increase in fentanyl overdoses is linked to illegal immigration and poses a significant threat to the county.

“I think we all know the border is a mess,” Authier said. “We see different aspects of it other than our partners who are on the border. … A lot of what we’re seeing here is the drug smuggling.”

Along the border, apprehensions have surged past 1.7 million in the last nine months. Border Patrol agents between Brownsville, Texas, and San Diego, California, apprehended 232,628 illegal border crossers in May, the highest monthly total in 23 years of counting.  

As a result of this massive flood of illegal immigration, the amount of drugs being smuggled into the U.S. has skyrocketed. Fentanyl overdoses have become the leading cause of death for adults between the ages of 18-45, with enough kilograms of the drug confiscated over the last 9 months alone to kill every Texas citizen twice over.  

Kinney County Attorney Brent Smith told The Center Square, “The significance of other counties across Texas also declaring an invasion cannot be overstated. It clearly establishes that the border crisis impacts every county in the state and is not limited to those communities near the Rio Grande.”

He continued, “The safety and security of every Texan is threatened by the federal government’s abandonment of its constitutional duty. … If Texans don’t save Texas, no one will.”

Concerned citizens can contact Gov. Greg Abbott with concerns regarding the border invasion. 

Juliana Berg

Juliana is a summer fellow for Texas Scorecard. She is studying political science and philosophy at the University of Texas at Austin. She enjoys learning about the philosophies that shape America.