Several Texas counties are planning to declare the border crisis an invasion and invoke Article IV Section 4 of the Constitution
· Jul 5, 2022 · NottheBee.com

Our southern border is being invaded by swaths of illegal immigrants and being overrun by violent gangs and drug cartels.

And now, several Texas counties are officially recognizing the Biden border crisis as an "invasion" and demanding that the Feds fulfill their constitutional duty to protect the border.

Representative Chip Roy explains why the invasion language needs to be invoked.

From Fox News:

Kinney County Judge Tully Shahan is expected to announce the move at a news conference Tuesday afternoon, along with a number of other officials from other counties who will join him.

Kinney County Attorney Brent Smith told Fox News Digital that he believes approximately 12 to15 counties could end up having declared an invasion by the end of the month.

With migrant numbers hitting historic levels, and with more than 239,000 migrant encounters in May alone, there has been considerable talk in conservative circles about the merits of declaring the crisis an "invasion" -- which could open up a number of potential legal avenues for states.

So, what's the goal of this move?

Basically giving the states more room to respond on their own AND forcing the federal government to actually respond to the crisis they've created.

Former Office of Management and Budget (OMB) Director Russ Vought and former acting deputy DHS Secretary Ken Cuccinelli, both now at the Center for Renewing America have urged governors to make the declarations and use war powers to order Arizona's police or National Guard to remove illegal immigrants to Mexico themselves.

They have pointed to language in Article I of the Constitution, which allows for States to "engage in War" when it has been "actually invaded, or in such imminent Danger as will not admit of delay" without the approval of Congress. They also note Article IV says the U.S. "shall [protect] each [state] against invasion."

The idea scored a major win in February, when Arizona Attorney General Mark Brnovich issued a legal opinion declaring the crisis an invasion, arguing that the definition of "invasion" contained under the U.S. Constitution is not limited to hostile foreign states, and can include "hostile non-state actors."

The southern border has gone beyond the crisis level. In this writer's opinion, this is a much-needed action from those on the border to fight back.


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