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TX Gov Declares 'an Invasion', Dems Call for Biden to Seize Control of TX National Guard

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The standoff between the state of Texas and the Biden administration over immigration enforcement at the U.S. southern border continues with no signs of easing any time soon. 

Texas Gov. Greg Abbott (R) declared his state has a constitutional right to defend itself despite federal statutes that stand in the way. 

In a lengthy statement signed and dated Jan. 24, the Republican governor said: "The federal government has broken the compact between the United States and the States. The Executive Branch of the United States has a constitutional duty to enforce federal laws protecting the States, including immigration laws on the books right now."

"President Biden has refused to enforce those laws and has even violated them. The result is that he has smashed records for illegal immigration," Abbott said. 

He blamed the Biden administration for the roughly six million migrants who have illegally entered the U.S. over the past three years, alleging the administration has instructed its agencies to ignore the statutes that mandate the detention of illegal immigrants and to allow their en mass parole into the United States. 

The Texas governor also noted the number of illegal immigrants released inside the country by the administration amounts to more than the total population of 33 states. 

He pointed out that the framers included Article IV, Section 4 of the U.S. Constitution, promising the federal government "shall protect each {state} against invasion" and Article 1, Section 10, Clause 3, which acknowledges "the States' sovereign interest in protecting their borders."

"The failure of the Biden Administration to fulfill the duties imposed by Article IV, Section 4 has triggered Article 1, Section 10, Clause 3, which reserves to this State the right of self-defense," Abbot continued. "For these reasons, I have already declared an invasion under Article 1, Section 10, Clause 3 to invoke Texas's constitutional authority to defend and protect itself."

"That authority is the supreme law of the land and supersedes any federal statutes to the contrary.  The Texas National Guard, the Texas Department of Public Safety, and other Texas personnel are acting on that authority, as well as state law, to secure the Texas border," the governor concluded. 

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slider img 2Meanwhile, federal officials have renewed demands for The Lone Star state to give Border Patrol agents access to a riverfront park in the border city of Eagle Pass that is a popular corridor for migrants illegally entering the U.S.

Texas has installed rows of razor wire in Shelby Park, which is located next to the Rio Grande. It is one of the most visible measures to deter migrants from crossing the river. 

Abbott also has authorized installing floating barriers in the Rio Grande near Eagle Pass and allowed troopers to arrest and jail thousands of migrants on trespassing charges. The Biden administration is challenging those actions in federal court.

Earlier this week, the Republican governor said Texas will still use barbed wire to deter illegal immigration despite the Supreme Court ruling that federal agents can remove it.

The White House applauded the high court's order, which was handed down after a federal appeals court last month had forced federal agents to stop cutting the concertina wire.

"Texas' political stunts, like placing razor wire near the border, simply make it harder and more dangerous for frontline personnel to do their jobs," White House spokesperson Angelo Fernández Hernández said.

Some Democratic lawmakers like Rep. Greg Casar (D-TX) and Rep. Joaquin Castro (D-TX) have called on President Biden to launch a federal takeover of the Texas National Guard. 

"If Abbott is defying yesterday's Supreme Court ruling, @POTUS needs to establish sole federal control of the Texas National Guard now," Casar posted on the social media platform X on Tuesday. 

Other Republican Governors Stand with Texas and Abbott

Meanwhile, seven Republican governors, including Florida Gov. Ron DeSantis, Virginia Gov. Glenn Youngkin, Oklahoma Gov. Kevin Stitt, South Dakota Gov. Kristi Noem, Georgia Gov. Brian Kemp, and Montana Gov. Greg Gianforte have voiced their support for Texas and Abbott's efforts to stop the flow of illegal immigrants. 

In a video post to X on Thursday, DeSantis promised to continue to send help to Texas, "because it's ultimately an American issue."  

The governor explained Texas has every right to defend its border. 

"If the Constitution was originally understood to mean that a state could not protect itself against an invasion, that the federal government could force the state to allow an invasion, the Constitution would have never been ratified in the first place. Texas would have never joined the Union when it did," DeSantis said.

"And if you look at Federalist {No.} 46, which Daniel Horowitz pointed out, James Madison talks about situations where federal encroachment can be mitigated by state action. So you have Texas here that's holding its ground; they have every right to fortify the border vis-à-vis an invasion. And that's article one section 10 of the Constitution. So they're in the right," he noted. 

"They (Texas) have every right to hold their ground, to stay the course," DeSantis added. "And Florida will be there, helping out every step of the way." 

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About The Author

Steve Warren is a senior multimedia producer for CBN News. Warren has worked in the news departments of television stations and cable networks across the country. In addition, he also worked as a producer-director in television production and on-air promotion. A Civil War historian, he authored the book The Second Battle of Cabin Creek: Brilliant Victory. It was the companion book to the television documentary titled Last Raid at Cabin Creek currently streaming on Amazon Prime. He holds an M.A. in Journalism from the University of Oklahoma and a B.A. in Communication from the University of