Sick of waiting for Biden to do his job in protecting the interests of US Citizens, several Texas counties have moved toward another possible solution. But it will take some help from the Governor.
It remains to be seen how well this strategy will hold up when challenged in court, but it seems to draw from the same provision of the Constitution that was held up as a solution by Lt Col West when he was challenging Gov Abbott in the primary.
If you can successfully establish direct Constitutional authority for a legal claim, that’s a starting point.
We’ll come back to that Constitutional clause momentarily. First let’s look at the action being taken by these struggling border counties.
Judge Tully explained the situation in an impassioned 2 minutes at a press conference.
“We don’t want to lose America.”
— Real America’s Voice (RAV) (@RealAmVoice) July 5, 2022
“We’re being invaded. The facts are there,” said Kinney County Judge Tully Shahan at a press conference in Brackettville, Texas. “This is real. We want America to know this is real. America doesn’t know what’s happening here.”
County officials from Kinney, Goliad, Terrell and Uvalde Counties criticized the Biden Administration for what they called its “open border policy.”
The officials each shared stories of how their communities are being inundated by immigrants as humans and drugs are smuggled through their small towns on a daily basis.
…The former Trump Department of Homeland Security official claims that now that the Kinney County Attorney, a legal authority has declared an invasion, Gov. Greg Abbott can “repeal” immigrants. He envisions a Title 42-style program, where immigrants– even those seeking asylum– are automatically deported if they cross into the Texas border.
The Center for Renewing America has been reaching out to states and counties across the country, looking for any local government that would be willing to go along with it, the spokeswoman for the organization told The Post. —NYPost
Gov Abbott has reservations about that plan and what it could mean for law enforcement acting upon such orders if he were to put them in place.
Kinney officials said they lack the power to enforce immigration laws themselves. Abbott has so far declined to issue a statewide invasion declaration, saying in April that he had concerns about the legal consequences.
A spokeswoman for the governor said Tuesday that “all strategies remain on the table.”
“As the challenges on the border continue to increase, Texas will continue to take additional unprecedented action to address those challenges caused by the Biden Administration,” she said.
Texas would almost certainly face a barrage of litigation if Abbott decided to expel migrants instead of turning them over to Border Patrol or detaining them on state trespassing charges, as he has done under his border initiative, Operation Lone Star.
“There are federal laws that law enforcement could be prosecuted under if they were to take someone, without authority, and immediately return them across the border,” Abbott said in April.
But critics of the Biden administration say it has abdicated the federal government’s duty to defend states from “domestic violence.” Ken Cuccinelli, a former Homeland Security official under the Trump administration who joined the county leaders at a press conference, said states have the constitutional right to protect themselves from “imminent danger” or invasion. –HoustonChronicle
You can find a copy of the document itself here:
NEW: Here is a copy of the Declaration of Local State of Disaster and “invasion” regarding the border/migrant crisis, signed by Kinney County Judge Tully Shahan and supported by other Republicans. @FOX4 pic.twitter.com/H8Q1qzX4HW
— David Sentendrey (@DavidSFOX4) July 6, 2022
LTC Allen West has explained what he meant by using Constitutional powers to defend the border in earlier ClashDaily stories, citing Article I, Section 10, Clause 3 as well as Article IV, Section 4. Texas has similar language spelled out concerning a Governor’s powers as listed in Article IV, Section 7 of the Texas Constitution. Each of these were specifically invoked in the judge’s written declaration.
We encourage you to look back at how he bases his conclusions on those clauses and decide for yourself who’s reading it in the spirit of the Framers.
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