Rep. Debbie Lesko announced new legislation Friday that would declare the situation at the border an “invasion,” a move that could add legal heft to Texas’s defense of its strict enforcement laws.
“We have run out of words to express the magnitude of the crisis at our border,” the Arizona Republican said. “The only word that aptly describes the situation on the ground is ‘invasion,’ which is happening every day at our southern border and negatively affecting communities across this nation.”
Her bill highlights the unprecedented number of illegal immigrants nabbed crossing the southern border, including a 400% increase in terrorism suspects detected by the Border Patrol, as well as the flow of fentanyl.
“The U.S. Constitution does give states the authority to declare an invasion and protect their citizens from harm, and members of this body should stand with any state desiring to do so,” Ms. Lesko said.
Her bill comes a day after a federal judge in Texas issued an injunction against the state’s SB 4 legislation, which created a state enforcement system against illegal immigration. That included state penalties for illegal border crossers and a state deportation system, mirroring federal laws.
The state said it was assisting the feds.
Judge David Alan Ezra disagreed, saying Texas was attempting a “nullification” of federal immigration laws.
“At the broadest level, SB 4 conflicts with federal immigration law because it provides state officials the power to enforce federal law without federal supervision,” the judge wrote in his lengthy ruling.
Texas Gov. Greg Abbott had defended the legality of his actions in part by citing one of the Constitution’s invasion clauses, which reads: “No State shall, without the Consent of Congress … engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.”
Mr. Abbott says the surge of illegal immigrants is an invasion but the judge disagreed.
Ms. Lesko said her legislation provides the state with legal reinforcements.
“I stand with Texas and its declaration of an invasion at the border,” she said.
• Stephen Dinan can be reached at sdinan@washingtontimes.com.