Texas Counties Say The Border Crisis Is An 'Invasion.' They're Not Wrong

A handful of Texas counties on Tuesday declared the ongoing border crisis an “invasion” and called on Texas Gov. Greg Abbott to do the same, citing constitutional authority for states to act in self-defense in the face of federal inaction.

Speaking in rural Kinney County, which includes a stretch of the U.S.-Mexico border, officials from Kinney, Uvalde, and Goliad counties said the Biden administration has refused to secure the border and enforce the law, and that although Abbott has done much to support local communities in south Texas most affected by the crisis, he needs to do more. Namely, he needs to follow their lead and declare an invasion.

County officials of course can’t do anything about illegal immigration on their own, but their argument is that Abbott, as governor of Texas, can. They cite Article I, Section 10, Clause 3 of the Constitution, which says that states can’t do things like conduct foreign policy or engage in war, “unless actually invaded, or in such imminent Danger as will not admit delay.”