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It’s no secret that the southern border has been fundamentally broken under Joe Biden.
The number of migrant encounters at the southern border has hit historic levels. In the month of May alone, there were more than 239,000 migrant encounters.
Multiple Texas counties have declared the latest surge in numbers as an “invasion.” Following a declaration from Kinney County Judge Tully Shahan, it could lead to similar declarations across the state.
Approximately 12 to 15 counties could end up having declared an invasion by the end of the month, according to Kinney County Attorney Brent Smith.
The purpose of these declarations is to use war powers within the state’s police or National Guard in to remove illegal immigrants back to Mexico. This has become the last resort as Joe Biden and the Democrats are refusing to act at the federal level.
Under Trump, Americans saw the lowest rate of illegal immigration in over 40 years.
Under Biden, we have seen the highest rate of illegal immigration over 60 years.
Biden notoriously ended Trump’s “remain in Mexico” policy, which forced foreign nationals seeking to enter the U.S. through the southern border — illegally or without proper documentation — to be returned to Mexico. These individuals needed to wait in Mexico while their legal cases are adjudicated.
Biden, on the other hand, opened the flood gates and created a disaster. By removing this policy, it signaled that everyone can come through the border even if it’s illegally and without proper documentation. This border security program under Trump and kept migrants in Mexico as they awaited their hearings.
Biden and the Democrats falsely claimed President Trump was “racist” and “xenophobic” for his “remain in Mexico.” This was part of Trump’s effort to secure the U.S. southern border and stop the flood of illegal immigration. Trump’s key policy was called the Migrant Protection Protocols. It required migrant asylum seekers to wait in Mexico for their U.S. court hearings.
Under Trump, an estimated 68,000 migrants were returned to Mexico under the policy, according to the Department of Homeland Security. These individuals will need to wait in Mexico while their legal cases are adjudicated. This only impacted those attempting to enter illegally or without proper documentation.
Biden, on the other hand, allows migrant asylum seekers into the U.S. prior to court hearings, which many Republicans have opposed. The Democrat’s strategy of allowing migrants into the U.S. gives them the opportunity to disappear before their court hearings.
As a result, White House Press Secretary Jen Psaki recently confirmed that some illegal immigrants have received free cell phones so that they can be contacted and “checked on” in hopes that they don’t disappear within the U.S. before their court hearing.
More on this story via Fox News:
Former Office of Management and Budget (OMB) Director Russ Vought and former acting deputy DHS Secretary Ken Cuccinelli, both now at the Center for Renewing America have urged governors to make the declarations and use war powers to order Arizona’s police or National Guard to remove
They have pointed to language in Article I of the Constitution, which allows for States to “engage in War” when it has been “actually invaded, or in such imminent Danger as will not admit of delay” without the approval of Congress. They also note Article IV says the U.S. “shall protest each [state] against invasion.”
The idea scored a major win in February, when Arizona Attorney General Mark Brnovich issued a legal opinion declaring the crisis an invasion, arguing that the definition of “invasion” contained under the U.S. Constitution is not limited to hostile foreign states, and can include “hostile non-state actors.”
“The violence and lawlessness at the border caused by transnational cartels and gangs satisfies the definition of an ‘invasion’ under the U.S. Constitution, and Arizona therefore has the power to defend itself from this invasion under the Governor’s authority as Commander-in-Chief,” Brnovich wrote. “An actual invasion permits the State to engage in defensive actions within its own territory at or near its border.”
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Cuccinelli told Fox News Digital that the move by the Texas countries was significant and should now put more pressure on Texas Gov. Greg Abbott to make the declaration himself.
“The key here is you’ve got the first legal ruling that the southern border situation is an invasion,” he said. ” One, that’s obviously very significant, and two it’s going to — as it should — put enormous pressure on Governor Abbott to adopt that position themselves and to respond accordingly.”
Kinney County itself is a rural county and officials there have estimated that they have seen thousands of illegal immigrants crossing through the county in recent weeks.