AMAC Exclusive – By Seamus Brennan
Since Joe Biden took office in January, U.S. Border Patrol has apprehended more than 1.6 million illegal aliens at the southern border between the United States and Mexico—including nearly 165,000 in October alone—the most annual apprehensions ever recorded. And these are just the ones who were caught (and mostly released). It does not even count the ones who got away.
As bad as the situation has been, the disarray and lawlessness looks to be only accelerating, even as Biden and his chosen border czar, Vice President Kamala Harris, appear content to pretend the problem does not exist. While the federal government continues to fail in its fundamental duty to enforce the law and defend the nation, some states have decided to take action of their own, raising new legal questions about the right of states to secure their own borders.
This idea first took root in Texas this summer when Governor Greg Abbott, after witnessing Biden’s inaction on combatting the border crisis, announced his intention to take matters into his own hands. “While securing the border is the federal government’s responsibility, Texas will not sit idly by as this crisis grows,” he said. “The state is working collaboratively with communities impacted by the crisis to arrest and detain individuals coming into Texas illegally. Our efforts will only be effective if we work together to secure the border, make criminal arrests, protect landowners, rid our communities of dangerous drugs, and provide Texans with the support they need and deserve.”
Since his initial June announcement, Abbott has taken additional steps to coordinate a more national response to combat the drastic rise in illegal immigration this year. In October, Abbott met with nine other state governors to discuss “the far-reaching impact of the Biden administration’s open border policies, particularly with the rise in fentanyl in communities across the nation”—a move that echoes legislation introduced by a Texas state senator earlier this year to create an inter-state compact that would “empower participating states to gain operational control of the border and enforce existing laws” following Congressional consent. This tactic has predictably invited pushback, with opponents of the legislation claiming that immigration law remains solely the purview of the federal government.
Though much of Abbott’s plan to enforce border security in his state has succeeded to a limited degree thus far—including the construction of barrier along the border and empowering state law enforcement agencies to arrest and try illegal aliens—the constitutionality of state-level initiatives to address federal immigration problems remains somewhat unclear.
Stephen Miller, former Senior Advisor to President Donald Trump, told Tucker Carlson recently that he believe state governments do in fact possess the constitutional authority to do what Joe Biden refuses to do. “I would argue,” Miller said, “that the appropriate constitutional remedy is Article IV, Section 4.”
Article IV, Section 4 of the Constitution guarantees “to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion” and “against domestic Violence.”
“It does not say that that has to be in the form of a nation-state actor,” Miller continued. “It would provide the constitutional predicate for the Supreme Court, if they had the moral courage, to strike down this entire scheme, which is a blatant violation of our entire constitutional republican form of government.”
Michael Greenberger of the University of Maryland Law School echoed Miller’s argument and defended Abbott on the basis that Texas is merely enforcing its own pre-established laws. “I think he [Abbott] would have an argument that he’s protecting the sovereignty of the state’s borders, by having people who are not allowed to come into the state,” he said.
The far left, however, strongly opposes such measures. In July, the Biden Justice Department sued the state of Texas over its recent steps to secure the border. “Texas has no authority to interfere with the United States’ ‘broad, undoubted power over the subject of immigration,’” Attorney General Merrick Garland wrote, belying the administration’s repeated claims that it wishes to see the border crisis solved.
The American Civil Liberties Union (ACLU) has similarly questioned Texas’s approach. “Abbott has several times over the past couple of months attempted to create his own version of immigration policy and to enforce his own version of immigration policy,” claimed Kate Huddleston of the ACLU of Texas. “But the Constitution does not allow him to do that. Immigration policy is up to the federal government.” Geoffrey Hoffman, director of the University of Houston’s immigration clinic, went so far as to say that Texas’s involvement “invites a constitutional catastrophe.”
These legal disputes will likely be settled by the courts in the months ahead. But as the border crisis continues to worsen while the Biden administration lets it happen, many Americans will likely see state-level strategies like that of Texas as a last but necessary resort to protect their national sovereignty.
As Abbott and other Republican elected officials across the country have made clear, they are both willing and eager to provide the leadership that Biden has failed to from the moment he was sworn in. And, as Biden may soon discover as his party begins the fight to retain its majorities in Congress next fall, voters are taking notice.
What happening it is immigration matter but rather crime issue. Illegal border crossing it crime. Handing of application for the legal immigration is Federal responsibility as it is guarding the border. If INS does not do it it is a State choice to keep or not its public safe. Border states should do what they see appropriate.
The ACLU should be called the Alien Civil Liberties Union since they sure as hell don’t represent the liberties guaranteed to us by OUR Constitution!
I agree with Governor Abbot of Texas. And I also think it’s time for a Convention of the States according to Article V of the Constitution. Biden, Harris, and Pelosi need to be impeached now.
I can’t believe we are not doing anything to stop this border problem. This is illegal and I certainly hope we try him for breaking every law in the book, and treason by hanging. He’s a bum and doesn’t deserve to be called “President”. He’s no President. He’s a thief, liar, con man, and definitely Satan’s sidekick.
Why isn’t Biden imprisoned for destroying our country? We cannot take three more years of this.
They Arizona Governor should be doing exactly what the Texas Governor is doing, but I haven’t heard anything from him on our AZ border Security. All Republican Governors need to stand together against Mayorkas and his lack of leadership to secure the border and protect American citizens.
Article IV, Section 4 of the Constitution constitution.congress.gov/browse/article-4/section-4/ guarantees “to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion” and “against domestic Violence.”
Without going into any of the other grave failures by this administration Americans CANNOT allow this lack of border integrity to continue. Drugs, human trafficking, and long term widespread voter fraud and expansion of drug cartels and organized crime will Destroy American safety and security indefinitely. But, then again, that IS the goal of the left and this administration isn’t it? It cannot be allowed to continue…
All one has to do to perceive the actions of Governor Abbott and the State of Texas is to look at those opposed to such activities that are constitutionally guaranteed within the realm of the law of the nation. When you see that the ACLU and Attorney General Merrick Garland stand opposed to these lawful actions, you realize that Texas is in the right to secure the border and ensure its citizens are protected.
I heard from a liberal acquaintance that building a wall along the southern border will interfere with the natural migration patterns of many species – and, of course, illegal aliens. She didn’t include that group.
It seems to me that it’s the obligation of state governments to protect its citizens. If building a wall or using the National Guard to keep illegals out could be solutions, the governors have an obligation to take these steps. Immigration policy seems to mean saying who can come in legally and who cannot. Definitely a “policy” of letting anyone walk across the border is not compliant with Article IV, Section 4 of the Constitution that constitution.congress.gov/browse/article-4/section-4/ guarantees; “to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion” and “against domestic Violence.” There certainly is domestic violence involved with what’s going on as well as an invasion into any state having these people thrust upon them. Actually, this is bullying by the federal government on a huge scale!
Our government does not care about Americans! Quite the contrary, they are hell bent on destroying America to serve themselves.
IMHO: The federal government is derilect in its duty to protect the USA from invasion by foreign or domestic enemies. The foreign enemies are invading our country without federal resistance because the domestic enemies who are infesting the government are trying to overthrow the USA. Since the federal government has gone rogue, the southern border states have an obligation to take over and protect their state(s), and since this invasion extends to the entire country, they also have a duty to help protect the rest of the USA. Build the wall and enforce the immigration laws! Go Governor Abbot!!!
As far as Greg Abbott goes it’s too little too late despite the rhetoric. Illegals are still pouring over the border at record numbers and so whatever he thinks he’s doing has had minimal effect in Texas. I know this I’m going to be voting for a new different governor.
For months now, we’ve all known what’s going on at the border, with reports that Gov. Abbott and others were doing something to stop the illegals from crossing. So, when are they going to stand by their word, that is reported over and over again. We need the see reports that they ARE stopping this atrocity that’s happening to American Citizens. Our safety and security has been at stake for too long.
Stop blaming BIDEN! He’s just a PUPPET! America’s enemies ( ie., traitors) are at “the helm”. What else do you expect? We let it happen. Voting doesn’t count. No patriots left. Who was Mucius Scaevola?
I hope that they are successful. As a senior I struggle to pay my bills. How will these people survive. Only by breaking the law and working under the radar
It all comes down this … why pay taxes!? When/if people say ‘enough is enough’ and close their wallets, what is Biden going to do? Just asking. This democratic republic was designed to have people control government not government control people. The primary responsibility of the President is to secure the nation against foreign and domestic enemies. Is that happening?
Once again no mention of the BBB, (Bungling Biden Bill), passed in the House Friday the 19th of November, 2021, that if passed in the Senate will end this country as we know it. The Imposter In Chief and his Commie thugs do not obey our laws. In affect they are guilty of imposing a treasonous tyrannical government upon us which mentioned in our Constitution allows the citizens of of a takeover to form state Militias to take the country back. I’m hoping this is happening now because much longer and it will be no use. We the people must fight back to keep our right to freedom and prosperity in our country. May God help us all!!
Seriously, could we get the Republicans to move some of the trillions of $$$$$$$$$$
and send all of the illegal aliens to the huge state of California. They say California is the 5th
largest country. They could become even bigger. And unburden the SMALL towns all across the US of American and its tax payers!
It became more than obvious why the administration is pro-open borders when Biden began spouting his intention to fight for amnesty for those illegal border crossers – to vote Democrat. That’s been the reason/intent all along so Dems would forever be elected, re-elected.
Hopefully the states can and will do whatever it takes to secure the border. What we don’t want is armed citizens to take this task on themselves. At some point, this may very well happen. It won’t be pretty or end well.
What have they been WAITING FOR??? All this time has passed,,millions of illegals passing thru… and they JUST NOW are going to do something about it !!! HELLOOoo !!
Who says a border wall has to be located on the border? Border states should build on state land and give the middle digit to Brandon.
This is all about stealing the elections because democrats know on their own merits for what they stand for they would never win. Biden doesn’t really care about these illegal immigrants only THEIR “VOTE”!!! Biden is wicked personified!!!
Hey, open borders is actually solving America’s problem with illegals entering out country. As soon as America becomes the 3rd world country (under Biden) these people are running away from, they will do everything in their power to escape Ameica.
As far as I, a Texas, can see, a lot of tough talk and no real action. If I were Governor, I would call a special session to get the legislature involved and in the meantime, SHUT the border with Mexico. Also, any invaders would be shipped straight to Delaware. See how they handle about 2/3 million invaders on their states budget. Biden is actually breaking the law by not enforcing laws passed by
Congress. Of course, he may not even know what is going on.
Hooray! Texas governor Greg Abbott! for your stand of taking legal action to close your southern border to keep illegal immigrants out of your state! My hat’s off to you! I hope you can get as many governors to do the same thing.
On another issue: I wonder if Joe Biden (I refuse to call him POTUS) had his fingers crossed when he took the Oath of Office last January. I didn’t watch his inauguration.
Wonder how many came in to our country without being caught? Someone said send them to California…our taxes are already terrible. How about sending them to the neighborhoods of the politicians that support them?
Texas and a bunch of other states need to secede from this criminal communist America and build our own country. We can take the Constitution with us as the communists in control now are not using it. I believe that we could have approximately half of the states join us…the states that have most of the oil, gas and minerals, harbor ports, etc. One of two things are in our future…..a revolution to take back our country or a split into two Americas….one that is run by liberal communists and one that is a Republic government that adheres to the Constitution and is actually one of the people. This will happen if we cannot change things at the voting boxes or we cannot wait until the next election.
I live in kooky California and last week worked doing a petition in Santa Ana for Rent Control. It was not very productive as probably 90% of the residents were Hispanics who couldn’t speak English nor were they citizens and couldn’t sign it anyways! Now I’m working in another Orange County city on a different petition that I worked before the Covid Lockdown.
And I’ve noticed that the populace has changed. Because of our kooky Governor Newsom’s close association with Jackass Joe’s idiotic policies, many thousands of Republicans and “white” people in general have left California. Now, at least 40% of the People are Asians, many driving BMW and Mercedes vehicles. They too walk by acting like they don’t understand English! These are people that our Government has helped giving money for housing,
food stamps and other welfare benefits.
California is becoming a third world state where even a popular west coast burger chain is closing multiple locations and in discussion with states like Florida to relocate to. This is NOT THE AMERICA that We the People even recognize nor desire! . . . If not for the weather I would also leave this “foreign” country and may soon do so!
So here we go……plans get made, actions get taken, and the liberals throw it all on the courts. More legal haggling, more time wasted, more missed opportunity. And the present administration loves it….they just keep on doing what they are doing, never mind the consequences to the states, local communities, infrastructure, criminal activity, drug flow and cartel and gang activity. They just don’t care…..they want compliant voters and more followers for their socialist agenda. For the states on the border if has to be….”dam the torpedoes, full speed ahead”…..they are our last line of defense.
By definition…. they are “illegal aliens”…. look it up.
All of the people crossing the border illegally must go to California and stay there.
Biden is sending them all over the US of America in the dark of night. California is a
BIG state and can support them.
Now that President Harris is temporarily in charge while POTUS is having a brain scan [a.k.a.] colonoscopy… what changes will she make as Border Czar???
All of these things are part of the plan to destroy America and rebuild her as a socialist nation that will soon join the one-world government. Anyone with more than a few working brain cells (not Biden) knows that nothing good or sensible will come out of Biden’s head. His handlers will continue to control what he says and does. Of course, Harris is totally on the side of the left and the Muslims. She just gives out her stupid laugh at everything. The demo/socialists are truly wicked, evil, and satanic.
Liberty’s Last Stand……Stephen Coonts…..read it.
Two little! Too late!
This is what’s to be expected these days. Biden screws things up and his handlers have to come in behind him and clean up his messes. It’s all about ol’ slo’ joe’s decaying brain. Give that Joe freak an ice cream cone and a little girl’s hair to sniff and he’ll be doing just fine.
MAGA2024! TRUMP2024!
FJB! LET’S GO BRANDON!
NOT ONLY DOES THIS CANCEROUS, POS FAIL AT THE BORDERS, he BREAKS his OATH OF OFFICE BY NOT PROTECTING THE BORDERS AND SHOULD BE IMPEACHED (ALL libs, TOO). ALL OF THE libs HAVE DESTROUED OUR ONCE GREAT NATION AND ARE THE ENEMY OF OUR NATION. U.S.A., RIP
He’s not failing, this is part of the “browning” of America to install perpetual Democratic party “leadership” of the country. Imagine the poor suckers who fled communist or very socialistic countries if the left actually takes. Also, I never thought I’d see the day when a communist would be nominated for a U.S. government position. GOP needs to vigorously campaign against any anti-American dink who votes to confirm her.
It is about time!!!
Invasion and immigration are two different things that need to be treated differently I think
Jimmy Carter took the teeth out of INS in 1977 when he appointed Lionel Castillo head of the INS, it has been downhill ever since. Prior to this local law enforcement was very involved in enforcement as the federal government paid a bounty ($50 each) on illegals arrested locally. I was a cop in Houston and we were encouraged to stop, question and arrest illegals. Now that is considered racial profiling and most police departments won’t even allow their officers to question citizenship. I doubt there is any other country so handicapped in enforcement of immigration. All the fault of DEMOCRATS.
WHY does Amac and other conservative publications continue to characterize Biden’s actions as “FAILURES” when they are NOT FAILURES, but are SUCCESSFUL, INTENTIONAL, WELL-ORCHESTRATED Marxist treasonous acts with the clear objective to convert America into a totalitarian communist state? Call it what it is and quit using euphemistic, inaccurate, obtuse language which dignifies leftists by giving them credit for being rational, patriotic or some other characteristic they do not have. Quit attempting to “reach across the aisle” to these domestic enemies in the congress and agencies of the federal government. They are incorrigibly evil. Their policies and their persons need to be identified for what they are and who they are. That needs to be done without equivocation!
It is beyond absurd that we even have to resort to these measures. We currently live in a lawless place where common sense and wisdom have left the building. It’s called Bizarro World. This is what happens when you allow fools and criminals to lead.
Just because our boarder doesn’t have 4 walls and a roof doesn’t mean that this isn’t our home.If some one breaks into your home do you welcome them or do you shoot them, I know what I would do.If they started shooting these criminals the rest would run back across the border and tell every body not to come because they are shooting us. This would bring atention to our border and it would stop illegal crossings.
It’s good that Texas is stepping up and doing as much as it is thought a State can do, but those “arrested” and processed through the legal (mostly misdemeanor) State system wind up having to be turned over to the feds instead of being directly “shown the door out of the country”, where they are then treated like those the feds catch – given a report back date and then released into the U.S. Our border security is still like an onion sack (mostly holes) and until either the feds get serious
(totally unlikely) or the States band together and take even bolder action on their own, taking on the responsibilities the feds REFUSE to enforce and actually secure the border, the invasion, crime, and drug trade will destroy this nation. As President Reagan stated: A nation without borders is no nation”. For years, we have had no Southern border and it a big open wound. States have the legal right to secure their own borders and that applies even more so to those States bordering foreign countries.
My hope is that Republicans step in and control the Border,but win the House/Senate and then re-elect Trump and then throw this piece of garbage Biden in the insane asylum along with his regime of USA haters/////////
This ‘crisis’ is not illegal entry into our country, it is an INVASION and should be treated as such.
Why are they waiting so long????? Texas, New Mexico and Arizona should have been working on their own wall years ago when the Federal Government failed them then. Texas should start using the millions of OUR dollars of material that has been abandoned! It will rust, rot or be stolen soon. USE it and make Brandon come and get it!!!