On Tuesday, a federal judge issued an order blocking federal authorities from using a Trump-era public health rule in Title 42 to quickly expel those attempting illegal border crossings as President Joe Biden’s open-border policies continue incentivizing such activity.

The National Border Patrol Council warned ending Title 42 would only worsen the ongoing crisis.

Texas Gov. Greg Abbott called the move “disastrous,” saying it will incite “more violence and lawlessness.”

However, although Abbott “invoked the invasion clauses of the Texas and U.S. constitutions” Tuesday, he will not expel illegal aliens, which ultimately changes nothing about the current situation.

Texans have been sounding the alarm for over a year now regarding the devastation to property, livelihoods, and human life as the state spends billions on border security efforts that haven’t stopped the oncoming traffic because law enforcement officials aren’t authorized to expel illegal aliens.

On Monday, State Rep. Bryan Slaton (R-Royse City) filed House Bill 91, which would allow Texas law enforcement to arrest illegal aliens on criminal trespassing charges if the bill is passed during the legislative session beginning in January.

“The crisis at our southern border has taken a nosedive under President Biden, and it has not abated. Lip-service and half-hearted attempts at securing the border are not enough,” said Slaton.

Rather than simply apprehending illegals and turning them over to federal agents, who will then release them back into the country, we can charge them with criminal trespass and prosecute them under our own State laws.

State Rep. Brian Harrison (R-Waxahachie), who helped implement the Title 42 rule in 2020 as chief of staff at the U.S. Department of Health and Human Services during the Trump administration, said he will be filing a bill in the Texas House so Texas can “enact its own Title 42 law and begin real deportations.”

In the meantime, Texans for Strong Borders urged Abbott to “use state resources to repel the invasion and return illegal aliens back across the border without relying on federal officials.” Otherwise, “this invasion will continue and Texans will continue to pay the price.”

So far, 36 Texas counties have issued invasion declarations urging Abbott to take further action: Kinney, Goliad, Terrell, Parker, Wise, Edwards, Atascosa, Presidio, Tyler, Live Oak, Rockwall, Johnson, Wilson, Hardin, Chambers, Ellis, Orange, Liberty, Throckmorton, Madison, Jasper, Van Zandt, Wichita, Clay, Jack, Hunt, Montague, Hood, Wharton, Burnet, Collin, McMullen, Hamilton, Lavaca, Ector, and Navarro counties.

Securing the border and protecting Texans is one of eight GOP priorities chosen by thousands of Republican delegates for the upcoming 2023 legislative session​​.

The 88th Legislative Session begins January 10, 2023.

Sydnie Henry

A born and bred Texan, Sydnie serves as the Managing Editor for Texas Scorecard. She graduated from Patrick Henry College with a B.A. in Government and is utilizing her research and writing skills to spread truth to Texans.