Former Trump Officials Want Texas to Declare Immigrant ‘Invasion’ at the Border
A novel interpretation of the U.S. Constitution promoted by former Trump administration officials could have the National Guard or state police forcibly send migrants to Mexico, without regard to immigration laws.
Landwebs
Former Trump administration officials are pressing Texas Gov. Greg Abbott to declare an “invasion” along the U.S.-Mexico border and give thousands of state troopers and National Guard members sweeping new enforcement powers to turn back migrants that have, thus far, been a federal responsibility, reports the Associated Press. Border Patrol officials say they anticipate as many as 18,000 arrivals daily once the health policy, known as the Title 42 authority, expires in May.
The plan involves a novel interpretation of the U.S. Constitution to have the National Guard or state police forcibly send migrants to Mexico, without regard to immigration laws and law enforcement procedures. Ken Cuccinelli, an immigration hard-liner and former Homeland Security official under Trump, argued that states are entitled to defend themselves from immediate danger or invasion, as it is defined by the “invasion clause,” under the “states self-defense clause.” Emily Berman, who teaches constitutional law at the University of Houston, argues that the “state self-defense clause” doesn’t afford states any legal authority for pursuing a foreign policy goal. See also: Conservative States Sue Biden to Keep Title 42 in Place.
