As President Joe Biden’s open border policies continue incentivizing the ongoing crisis on the southern border, Texas counties continue to fight back.

Counties across the state are issuing disaster declarations regarding the invasion and imploring Gov. Greg Abbott to use his constitutional authority to declare an invasion of the state.

This week, Jack, Clay, Hunt, Montague, and Hood counties have each issued resolutions declaring the ongoing crisis an invasion, joining a growing movement of counties urging the state to take action.

Hood County’s declaration follows local grassroots protests after the Republican-dominated commissioner’s court rejected the first attempt at an invasion declaration. 

Apparently, this is a problem in multiple counties, including Kaufman, where locals say a “RINO county judge told them to take it off the commissioner’s court agenda.”

Meanwhile, the number of U.S. Customs and Border Protection encounters with illegal aliens is rapidly climbing toward 2 million this federal fiscal year, and Texans are sounding the alarm regarding devastation to their properties, livelihoods, and human life.

Just last week, former U.S. Customs and Border Protection Commissioner Mark Morgan told Texans that although Abbott and Texas Attorney General Ken Paxton have done more than any other governor or attorney general, Operation Lone Star has been in place for 16 months and the border crisis has only gotten worse.

“Here’s why: Resources aren’t the answer,” said Morgan. “Policy. That’s it.”

Indeed, securing the border and protecting Texans is one of eight GOP priorities, as selected by thousands of grassroots delegates, for the upcoming legislative session in January.

Swift legislative action will be necessary, according to the Center for Renewing America, which drafted the policy brief on how a state can declare an invasion. A governor’s invasion declaration under Article I, Section 10, Clause 3 will need immediate support of the state legislature and attorney general in the face of the Biden administration’s likely immediate disapproval.

“The Constitution—the founders—provided us a way to protect ourselves,” said Ken Cuccinelli, senior fellow for the Center for Renewing America.

The states are sovereign. Those sovereigns together created the federal government, which is also sovereign, so we have this dual sovereignty arrangement. But all of the authority the federal government has was given by the states and only that authority.

“But included in that is the fact that the states … our sovereign states preserve to themselves the right to defend themselves,” said Cuccinelli.

Arizona’s Republican gubernatorial candidate Kari Lake has already promised that an invasion declaration would be her first act as governor. Additionally, Arizona’s Attorney General Mark Brnovich has issued a non-binding legal opinion in support of the invasion declaration.

As Texans await further state actions, 28 counties across the state are now signaling their support for Abbott to declare an invasion.

Clay, Jack, Hunt, Montague, and Hood counties now join these 23 Texas counties in taking local 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, and Wichita.

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.