Is the border crisis an ‘invasion’?

Texas Gov. Greg Abbott claims that President Biden’s failure to faithfully execute the immigration laws enacted by Congress has violated Article IV, § 4 of the U.S. Constitution, which provides that “[t]he United States . . . shall protect each [State in this Union] against Invasion.”  

The border crisis hit a new record in May 2022, which saw the largest number of illegal border crossers along our southern border since CBP began keeping track in 2000, and these unprecedented numbers are overwhelming local communities across Texas.

Abbott has decided to attempt to exercise his state’s authority under Article I, § 10 of the U.S. Constitution to protect itself against an “invasion” of undocumented migrants at the Southwest border.

Clause 3 of Article 1 § 10 states:

“No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.”