Texas Governor Greg Abbott has issued an executive order authorizing the Texas National Guard and the Texas Department of Public Safety to apprehend illegal aliens who cross into the state between ports of entry and return them to the border.
Texas’ unprecedented move comes just days after officials in multiple counties declared an “invasion” in response to the record-breaking surge in illegal migration from Mexico.
The invasion declaration was not only meant to pressure the governor to take stronger action, but allows the state to enact constitutionally prescribed measures to secure their own border with Mexico if the federal government is derelict in its duties to do so.
“While President Biden refuses to do his job and enforce the immigration laws enacted by Congress, the State of Texas is once again stepping up and taking unprecedented action to protect Americans and secure our southern border,” Abbott said in a statement. “The cartels have become emboldened and enriched by President Biden’s open border policies, smuggling in record numbers of people, weapons, and deadly drugs like fentanyl.”
The executive order does not formally declare an invasion. However, it does cite the legal framework supporting an invasion declaration. Specifically, it notes that Article IV, Section 4 of the United States Constitution requires the U.S. government to protect each state from invasion and that Article I, Section 10 allows states the ability to secure themselves if the federal government will not.
President Joe Biden’s administration has taken legal action and argued all the way up to the U.S. Supreme Court to end a Trump-era immigration policy that required migrants to remain in Mexico while awaiting legal entry. Illegal border crossings have hit record highs under the Biden administration, and there have been more than 1.7 million U.S. Customs & Border Patrol encounters with migrants just in the first half of 2022.
“I have authorized the Texas National Guard and Texas Department of Public Safety to begin returning illegal immigrants to the border to stop this criminal enterprise endangering our communities,” Abbott said. “As the challenges on the border continue to increase, Texas will continue to take action to address those challenges caused by the Biden Administration.”
The Texas Governor’s Office also lists additional actions they have taken to secure the border, which include:
- Allocating resources that include acquiring 1,700 unused steel panels to build the border wall in Texas
- Signing 15 laws cracking down on human trafficking in Texas
- Creating DPS strike teams and establishing new vehicle inspection checkpoints targeting semi-truck
Abbott’s executive order comes just a week after 53 illegal migrants were found dead or dying in a tractor-trailer in Texas, having made the arduous and risky trek to the U.S. between ports of entry.
