WASHINGTON – Sen. Roger Marshall will introduce a resolution to declare an official “invasion” on the US-Mexico border as the number of illegal crossings reaches a new high under the Biden administration, The Post has learned exclusively.
“Since our commander in chief alone will not stop this historic crisis — aggression as defined by the US Constitution — Congress must recognize the right of each state to secure their own borders,” Marshall (R-Kan.) told the Post.
The resolution would have designated the mass influx as an “invasion” under the Constitution, which holds that states have the right to protect themselves under such conditions.
“More than 6 million immigrants have crossed our southern border under Joe Biden’s watch. That’s more than double the population of the entire state of Kansas,” Marshall said.
While the resolution is unlikely to pass in the Democratic-controlled Senate, the designation would trigger language in the Constitution that says states can take steps independent of the federal government to repel “invaders.”
The resolution “to express the sense of the Senate concerning the constitutional right of the Governor of a state to repel dangerous continued invasions across the southern border of the United States” refers to the “unless actually invaded” section of Article I, Section 10 of the Constitution, which allows state officials more flexibility in defending themselves against invasion .
Senator Roger Marshall is poised to introduce a resolution that would declare a “trespass” on the US-Mexico border.Tom Williams/CQ-Roll Call, Inc via Getty Images Official trespass would allow states to take action independent of the federal government. REUTERS/Jose Luis Gonzalez
“No nation shall, without the consent of Congress … keep troops, or vessels of war in time of peace, enter into any treaty or collude with other States, or with foreign powers, or engage in war, unless actually attacked,” the founding documents holding
Declaring the crisis an invasion would also trigger Section 4 of the Constitution, which holds that the US “shall guarantee to every state in this union a republican form of government, and shall protect each of them from invasion.”
The resolution comes as tensions mount between Texas Gov. Greg Abbott and the Biden administration over what steps Abbott can take to stop illegal immigration.
Texas has deployed razor wire and sea barriers to prevent illegal crossings over White House opposition.
Marshall told The Post that “Congress must recognize the right of every state to secure their own borders.” Photo by David Peinado/Anadolu Agency via Getty ImagesWorkers install floating barriers on the Rio Grande near Eagle Pass, Texas, on August 21, 2023.ZUMAPRESS.com / MEGA
In July, the Department of Justice sued Texas over the installation of a buoy barrier on the Rio Grande aimed at curbing illegal immigration, claiming that the barrier impedes the “navigable capacity of the waters of the United States” and raises humanitarian, environmental and public safety concerns.
A federal judge initially told Texas to invalidate the buoy, but the US Court of Appeals issued a stay of that ruling. For now, the float will remain in place when the issue reaches court.
Marshall’s resolution also comes days after the Department of Homeland Security revealed that encounters with migrants crossing the southern border hit a new high in August.
As of Aug. 31, there have been more than 2.86 million Border Patrol encounters with immigrants trying to enter the US illegally this fiscal year — up from 2.77 million in the entire 2022 fiscal year.
The number is expected to increase past 3 million by Oct. 1.
Border Patrol agents process immigrants near San Diego on September 25, 2023. ALLISON DINNER/EPA-EFE/Shutterstock
The DHS count does not include immigrants who get past border agents, so the actual number of immigrants entering the country illegally may be higher.
Marshall’s resolution cited 10 pages of complaints about the Biden administration that Republicans say contributed to the immigration crisis — from his remarks on the debate stage inviting immigrants to America to the White House’s April proposal to expand health care access for foreigners granted deferred action, “encouraging illegal aliens to enter the United States.”
“Chinese military-aged men with ties to the CCP, drug cartels, and people on terrorist watch lists are among the millions who exploit our border vulnerabilities,” Marshall said. “This is our nation’s most immediate national security threat, yet Joe Biden refuses to do anything to stop this incursion on our southern border.”
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Source: thtrangdai.edu.vn/en/