Gov. Abbott to Border County Judges: I Invoke the Invasion Clauses of the U.S. Constitution

AUSTIN – Gov. Abbott has invoked the Invasion Clauses of the U.S. Constitution to protect Texas Border Counties after Federal Government officials admit record high illegal immigration under the Biden Administration.  

In a letter to Border County Judges Tuesday, Gov. Abbott said:

"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."