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Texas Gov. Abbott Declares Invasion on Border; Invokes US and Texas Constitutions to Deploy Guard Troops to Repel Illegal Immigrants

Texas Gov. Greg Abbott (R) declared an invasion on the Texas border with Mexico, invoking the U.S, and Texas constitutions. Over five million illegal aliens have crossed the U.S. southern border with Mexico since Joe Biden assumed the presidency on January 20, 2021 and threw out President Trump’s successful policies that had secured the border.


Illegal aliens enter Del Rio Texas, September 17, 2021, file screen image via Bill Melugin/Fox News.

The flood of migrants at the border continued in October with nearly 300,000 contacts/gotaways reported by Customs and Border Patrol.

Abbott: “I invoked the Invasion Clauses of the U.S. & Texas Constitutions to fully authorize Texas to take unprecedented measures to defend our state against an invasion. I’m using that constitutional authority, & other authorization & Executive Orders to keep our state & country safe:”

Deploy the National Guard to safeguard the border, and to repel and turn back immigrants trying to cross the border illegally
Deploy the Texas Dept. of Public Safety (DPS) to arrest and return immigrants to the border who crossed illegally, and to arrest illegal immigrants for criminal activity;
Build a wall in multiple counties on the border;
Deploy gun boats;
Designate Mexican drug cartels as foreign terrorist organizations;
Enter into a compact with other states to secure the border;
Enter into agreements with foreign powers to enhance border security;
Provide resources for border counties to increase their efforts to respond to the “border invasion.”

Authority under the Texas Constitution:

ARTICLE 4. EXECUTIVE DEPARTMENT

Sec. 7. GOVERNOR AS COMMANDER-IN-CHIEF OF MILITARY FORCES. He shall be Commander-in-Chief of the military forces of the State, except when they are called into actual service of the United States. He shall have power to call forth the militia to execute the laws of the State, to suppress insurrections, and to repel invasions.

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; and on Application of the Legislature, or of the Executive (when the Legislature can-not be convened) against domestic Violence.

Article I, Section 10

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

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.

Text of letter dated Monday that Abbott sent to County Judges:

November 14, 2022
Re: Defending Texas Against Invasion
Dear County Judge;
Thank you for the letter from your county expressing support for what Texas is doing to secure
the border. As you know, President Biden has abandoned his responsibility to enforce
immigration laws, and Congress has refused to hold the President accountable and has
abandoned its own responsibility to use the immigration power given to it in Article I, § 8 of the
U.S. Constitution.
Just two years ago, we had the fewest illegal crossings in decades. This past year under
President Biden, an all-time record was set for the number of immigrants crossing the border
illegally.
Texas has forcefully responded to Biden’s open border policies by doing more than any state in
the history of America to do the federal government’s job to secure the border.
In my Executive Order GA-41, I invoked the Invasion Clauses of Article I, § 10 of the U.S.
Constitution and Article IV, § 7 of the Texas Constitution to fully authorize Texas to take
unprecedented measures to fight back against the invasion at our border. As Governor of Texas
and commander-in-chief of its military forces, I am using that constitutional authority, as well as
other authorization and Executive Orders to:
• Deploy the National Guard to safeguard our border and to repel and turn back immigrants
trying to cross the border illegally;
• Deploy the Texas Department of Public Safety (DPS) to arrest and return to the border
immigrants who crossed illegally and deploy DPS to arrest illegal immigrants for
criminal activity;
• Build a border wall in multiple counties on the border;
• Deploy gun boats to secure the border;
• Designate Mexican drug cartels as foreign terrorist organizations;
• Enter into a compact with other states to secure the border;
• Enter into agreements with foreign powers to enhance border security; and
• Provide resources for border counties to increase their efforts to respond to the border
invasion.

Texas has devoted more than $4 billion of Texas taxpayer dollars toward these and other efforts
to secure the border and enhance public safety.
In January 2023 when the next Congress is sworn in, we must remind our representatives in
Washington that securing the border is the federal government’s responsibility under Article I,
§ 8 and Article IV, § 4 of the U.S. Constitution. Congress should reimburse the State of Texas
for the billions of dollars we have had to spend on border security in the Biden Administration’s
absence. Federal officials who will not faithfully execute the immigrations laws should face
hearings and even impeachment. Finally, Congress should amend statutes like 18 U.S.C. § 242
to ensure that our Troopers and Guardsmen are not exposed to federal criminal prosecution for
protecting Texas against illegal entry between the ports of entry.
Join me in sending this urgent message to our congressional delegation, which has the power to
act under Article I, § 8 of the U.S. Constitution. Texas has done more than its fair share for far
too long. The time has come for the federal government to do its job.
Sincerely,
Greg Abbott
Governor

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