The Constitution, other state governors and the full-throated backing of former President Donald Trump have reinforced Texas Gov. Greg Abbott in what has become a showdown with the U.S. federal government over securing the border.
Abbott cited Article 1, Section 10, Clause 3 in his statement on Wednesday as he declared an "invasion" at the U.S. southern border due to lack of federal government assistance.
Abbott declared Texas's "right to self-defense" after the Supreme Court decided to uphold Team Biden's request to take down extra security measures at the border, including razor wire.
Abbott said he has sent and even hand-delivered letters to Joe Biden asking him to perform his "constitutional duties," which he said Biden has ignored.
Under Biden’s "lawless border policies, more than 6 million illegal immigrants have crossed our southern border in just 3 years," Abbott said. "That is more than the population of 33 different States in this country. This illegal refusal to protect the States has inflicted unprecedented harm on the People all across the United States."
The governor said the failures at the federal level have led to the state being forced to protect itself. He said the state's right to self-defense "supersedes any federal statutes to the contrary."
Following messages of support from several governors and House Speaker Mike Johnson, President Trump issued the following statement on Jan. 25:
Joe Biden has surrendered our Border, and is aiding and abetting a massive Invasion of millions of Illegal Migrants into the United States. Instead of fighting to protect our Country from this onslaught, Biden is, unbelievably, fighting to tie the hands of Governor Abbott and the State of Texas, so that the Invasion continues unchecked. In the face of this National Security, Public Safety, and Public Health Catastrophe, Texas has rightly invoked the Invasion Clause of the Constitution, and must be given full support to repel the Invasion.
We encourage all willing States to deploy their guards to Texas to prevent the entry of Illegals, and to remove them back across the Border. All Americans should support the commonsense measures by Texas authorities to protect the Safety, Security, and Sovereignty of Texas, and of the American people. When I am President, on Day One, instead of fighting Texas, I will work hand in hand with Governor Abbott and other Border States to Stop the Invasion, Seal the Border, and Rapidly Begin the Largest Domestic Deportation Operation in History. Those Biden has let in should not get comfortable because they will be going home.
Analysts have cited the following relevant sections of the U.S. Constitution:Article IV, Section 4: The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion.
Article I, Section 10, Clause 3: No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
House Speaker Mike Johnson said: "I stand with Governor Abbott. The House will do everything in its power to back him up," he wrote in a post. "The next step: holding Secretary Mayorkas accountable." House Republicans have started an impeachment inquiry into the Department of Homeland Security Secretary.Several state governors and X owner Elon Musk backed Abbott's decision.
Utah Gov. Spencer Cox released a statement saying: "The border is a disaster that continues to spiral out of control, both in terms of people and deadly fentanyl traffic. This is not a partisan issue. This is a national security issue."
Florida Gov. Ron DeSantis also supported the decision, posting on X: "If the Constitution really made states powerless to defend themselves against an invasion, it wouldn’t have been ratified in the first place and Texas would have never joined the union when it did. TX is upholding the law while Biden is flouting it. FL will keep assisting Texas with personnel and assets."
Alabama Gov. Kay Ivey also posted on X: "Texas and the states have stepped up time and time again. The White House? Purposely absent. I have had enough. Texas, you can count on Alabama to have your back."
Musk said in a post on X: "Texas is absolutely right. This administration is deliberately breaking the law by aiding and abetting illegal immigration at an unprecedented scale!"
On Monday, the U.S. Supreme Court gave federal agents permission to remove razor wire from the Texas-Mexico border that had been installed on Abbott's orders.
Two Texas Democrats, Reps. Greg Casar and Joaquin Castro, have called on the Biden Administration to federalize the Texas National Guard.
My statement on Texas’ constitutional right to self-defense. pic.twitter.com/seNFZdmujP
— Greg Abbott (@GregAbbott_TX) January 24, 2024
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