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In other words, they argue that the federal government has failed to fulfill its constitutional duty to protect states from an invasion, and, therefore, it’s up to states to defend themselves. This passage 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 delay.” Now a senior fellow with the right-wing think tank Center for Renewing America, he’s a proponent, along with Arizona Attorney General Mark Brnovich, of states invoking a “self-help” measure under Article I, Section 10, Clause 3 of the US Constitution. One of the masterminds behind the “invasion” legal argument is Ken Cuccinelli, former Virginia attorney general, and Trump’s Department of Homeland Security official. “We’re under attack like at Pearl Harbor.” None other than Republican Lieutenant Governor Dan Patrick of Texas was explicit on Fox News: “We are being invaded and if we’re being invaded under the Constitution, I think that gives us the power to put hands on people and send them back,” he said. Subscribe to our print magazine.ĭuring a press conference on July 5, several county officials from Texas gathered to pray, read the Pledge of Allegiance, and issue a declaration stating they were under a migrant “invasion.” Among the local leaders and county judges present was the mayor of Uvalde, Don McLaughlin, who referred to the tragic mass shooting at Robb Elementary School that killed 19 children and two teachers when denouncing an “influx of pedophiles, convicted murderers, drug dealers, and gang members” and warning about “bailouts” ahead of kids returning to school.īesides disseminating racist tropes and scapegoating migrants, they were there to pressure Governor Greg Abbott to “acknowledge the existence of an invasion on our border with Mexico and take necessary actions to preserve and protect the sovereignty and territorial integrity of Texas.” Make no mistake: The goal here is to declare a war on migrants and justify the use of combat-like force to remove them.
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