According to border security experts, Texas state officials—specifically Gov. Greg Abbott and Attorney General Ken Paxton—can do more to protect Texas from the ongoing invasion.
“Waiting for the Biden administration to suddenly enact policies that will secure our border with Mexico is just foolish at this point,” Kinney County Attorney Brent Smith told Texas Scorecard.
Therefore, the Center for Renewing America has laid out a step-by-step plan to stop the invasion at the Texas-Mexico border and secure the state using Article I, Section 10, Clause 3 of the U.S. Constitution.
Article I, Section 10, Clause 3, says states shall not militarize “unless actually invaded, or in such imminent Danger as will not admit of delay.”
“Both of those conditions are met, and only one of them needs to be met for that clause to be effective,” Chris Russo, president of Texans for Strong Borders, told Texas Scorecard.
By invoking his constitutional authority to secure the border from invasion, Gov. Greg Abbott could repel and return illegal border-crossers to Mexico.
“Such an action would not run afoul of Arizona v. U.S. (though challenging that bad precedent would be great too), because it is a constitutionally granted power that the courts have not weighed in on,” Wade Miller, the executive director of Center for Renewing America, told Texas Scorecard.
“James Madison saw invasion declaration powers as empowering states to repel smugglers, and Sam Houston saw the invasion declaration as empowering Texas with repelling Mexican bandits back into Mexico,” explained Miller.
In 1860 Texas Governor Sam Houston wrote to the U.S. Secretary of War John B. Floyd, stating he felt a “duty to repel invasion” from the Indians in the West and the Mexican bandits to the south.
“Certainly cartels are both smugglers, bandits, and worse,” said Miller.
“Texas cannot sustain two more years of this crisis,” said Smith, whose office is slammed with cases due to Kinney County’s status as a smuggling highway.
“Nor should we. It’s never been our nature to wait on someone else to protect our own state,” said Smith.
If Texas wants to see an end to this crisis, “AG Paxton should issue an opinion affirming the power of Texas to remove illegal border-crossers back into Mexico, and Governor Abbott should issue a clear executive order directing state agents to remove illegal border-crossers back into Mexico,” said Miller.
Paxton has refused to provide a legal opinion so far, but Russo says action from the attorney general could “give Gov. Abbott a lot of cover to act and would provide a lot of pressure for him to be able to feel like he could act legitimately.”
“The only solution to ending this nightmare lies with Governor Abbott and the constitutional authority his office wields,” said Smith. “Only by invoking that authority and taking swift action can Texas be saved.”
Concerned citizens can contact the governor’s office to voice their opinions on the issue.