WASHINGTON – Sen. Roger Marshall will introduce a resolution to declare a formal “invasion” at the US-Mexico border as the number of illegal crossings reaches a new high under the Biden administration, The Post has exclusively learned.
“Since our own commander-in-chief won’t put a stop to this historic crisis — an invasion as defined by the US Constitution — Congress must recognize each state’s right to secure their borders themselves,” Marshall (R-Kan.) told The Post.
The resolution would designate the massive influx as an “invasion” under the Constitution, which holds that states have the right to protect themselves under such conditions.
“Over 6 million migrants have crossed our southern border under Joe Biden’s watch. That’s more than double the population of the entire state of Kansas,” Marshall said.
Though the resolution is unlikely to pass in the Democrat-controlled Senate, the designation would trigger language in the Constitution that holds that states may take measures independent of the federal government to repel “invaders.”
The resolution “to express the sense of the Senate regarding the constitutional right of state Governors to repel the dangerous ongoing invasion across the United States southern border,” draws on the “unless actually invaded” portion of Article I, Section 10 of the Constitution, which allows state officials more flexibility in defending against invasion.
“No state shall, without the consent of Congress … 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,” the founding document holds.
Declaring the crisis an invasion would also trigger Section 4 of the Constitution, which holds that the US “shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion.”
The resolution comes as tensions boil between Texas Gov. Greg Abbott and the Biden administration over what measures Abbott can take to stop illegal immigration.
Texas has deployed razor wire and marine barriers to discourage illegal crossings over the opposition of the White House.
In July, the Justice Department sued Texas over the installation of a buoy barrier on the Rio Grande meant to curb illegal immigration, claiming that the barrier obstructed “the navigable capacity of waters of the United States” and raised humanitarian, environmental and public safety concerns.
A federal judge initially told Texas to nix the buoys, but the US Court of Appeals issued a stay on that decision. For now, the buoys will stay as the issue is makes its way through the courts.
Marshall’s resolution also comes days after the Department of Homeland Security revealed encounters with migrants crossing the southern border hit a new high in August.
As of Aug. 31, there had been more than 2.86 million Border Patrol encounters with immigrants attempting to enter the US illegally this fiscal year – up from 2.77 million during the entirety of fiscal year 2022.
That number is expected to grow past 3 million by Oct. 1.
The DHS tallies do not include migrants who slip past border agents, so the real number of migrants illegally entering the country is likely higher.
Marshall’s resolution cites 10 pages worth of complaints about the Biden administration that Republicans say contributed to the immigration crisis – from his words on the debate stage inviting immigrants to America to the White House’s April proposal to expand healthcare access for aliens granted deferred action, “further encouraging illegal aliens to enter the United States.”
“Chinese military-aged men with ties to the CCP, cartel drug dealers, and people on the terrorist watch list are among the millions exploiting our border vulnerabilities,” Marshall said. “This is our nation’s most immediate national security threat, yet Joe Biden refuses to do anything to stop this invasion at our southern border.”