Take 5

Texas Governor Declares Border “Invasion,” Accuses Biden Administration of Constitutional Violations

AUSTIN, TEXAS, September 20, 2023 – In a sharply worded letter to U.S. President Joseph R. Biden Jr., dated November 16, 2022, Texas Governor Greg Abbott accused the federal government of failing to uphold its constitutional duty to protect states from “invasion” as stipulated in Article IV, § 4 of the U.S. Constitution, referring to the surge in cross-border entries into Texas.

In the detailed letter, the governor outlined the rise in illegal immigration incidents under the Biden administration, mentioning over “2 million immigrants” attempting to enter the U.S. illegally from over “100 countries” in the past year. Abbott cited this high volume of illegal immigration as a breach of the federal government’s duty to shield states from invasion and a threat to the security and welfare of Texans.

The governor pointed to a range of issues affecting Texas communities, including property damage, disruptions caused by human traffickers, and the influx of fentanyl, a potent synthetic opioid. He referred to these consequences as “catastrophic,” highlighting the drug’s role as the leading cause of death for individuals aged between 18 and 45.

Abbott invoked Article I, § 10, Clause 3 of the Constitution, claiming it grants the state the right to defend its territory and called for the implementation of a series of measures to curb the influx of migrants. Among the proposals were the reinstatement of the Migrant Protection Protocols, requiring asylum seekers to stay in Mexico while their U.S. proceedings are pending, and resuming construction of the border wall utilizing allocated congressional funds.

Furthermore, Abbott criticized the administration’s use of parole, stating that it violated the 1996 Illegal Immigration Reform and Immigrant Responsibility Act, which stipulates parole be used “only on a case-by-case basis for urgent humanitarian reasons or significant public benefit.”

The governor urged President Biden to enforce existing laws rigorously, putting an end to mass paroles and reinstituting policies to staunch the tide of illegal immigration. He emphasized that the Biden administration had to honor the Constitution by ensuring the “faithful execution of the immigration laws enacted by Congress.”

Abbott concluded his letter with a stark criticism of the president’s perceived lack of engagement with the border crisis, stating, “Your silence in the face of our repeated pleas is deafening.” He stressed that Texas had “no choice but to escalate our efforts to secure our state,” holding the Biden administration responsible for the ongoing crisis.

As of now, the White House has not released a public response to Governor Abbott’s letter, and it remains to be seen how the federal government will address the stern reproach and the outlined grievances.

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