As the Biden administration prepares for the repeal of Title 42—which removes the Border Patrol’s ability to turn back illegal aliens at the border due to the pandemic—thousands are expected to converge on the Texas-Mexico border.

Gov. Greg Abbott instituted Operation Lone Star last year as a means of combating the out-of-control illegal border crossings. However, OLS has been widely criticized as “political theater” mired with political, legal, and logistical problems.

Abbott’s recent idea for border security included busing migrants (of their own volition) to D.C. and halting all commercial traffic at the border for additional inspections. Both plans fail to address the real problems: illegal border crossers who are subsequently released into the U.S. rather than deported.

The Center for Renewing America has proposed that each state enact Article I, Section 10, Clause 3 of the U.S. Constitution under the declaration that the border crisis is indeed an invasion and the federal government has failed to address it. This clause would allow for states to repel an invasion themselves by utilizing their state guards; it would also allow for governors to enter into an interstate compact to secure the border.

Last month, Arizona Attorney General Mark Brnovich released a legal opinion declaring the border crisis an invasion on the basis of Article I, Section 10, Clause 3. Brnovich’s opinion also provided legal grounds for a case in which a governor—the state’s commander-in-chief—assigns the state guard to the border, refuses to allow illegal aliens entry into the U.S., and deports those who illegally invade.

The Texas House Committee on General Investigating, chaired by Rep. Matt Krause (R–Haslet), requested that Texas Attorney General Ken Paxton also provide a legal opinion on the issue.

Following the invasion declaration and assignment of the state guard, the Center for Renewing America recommends an immediate legislative special session to lawfully support the governor’s actions.

Once in session, lawmakers can pass legislation that deters illegal immigration in their state and protects citizens.

Some of the possible legislation suggested by the Center for Renewing America includes screening requirements and required check-ins for sponsors of illegal alien minors, contracting license requirements for refugee resettlers, the publication of data on state healthcare spending for illegal aliens and the criminal history of illegal aliens, stripping cities of state funding if they refuse to cooperate, mandating the use of E-verify, and deploying the Department of Public Safety to the border to detain and return illegal aliens to Mexico as trespassers.

Meanwhile, state attorneys general would assume the responsibility of fending off the federal government’s challenges to state actions such as utilizing the state guard and deporting illegal aliens.

Currently, states are unable to deport illegal aliens following the U.S. Supreme Court ruling in Arizona v. U.S. (2012), which affirms that federal immigration policy overrules state policy.

However, as the Biden administration doubles down on their open border policies and provides no path forward to handling the millions of migrants expected, states must prioritize protecting citizens over playing politics.

If the Biden Administration or federal officials attempt to thwart patriotic state leaders seeking to protect their citizens and restore our nation’s sovereignty, then the federal government will be signaling to every American its intent to operate in a post-constitutional environment that explicitly abandons both the rule and spirit of the law.
Center for Renewing America

Earlier this week, several Republican primary runoff candidates for the May election shared their support for declaring the border crisis an invasion.

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.