Texas Gov. Greg Abbott is resisting staunch conservatives’ pleas that he declare an 'invasion' by migrants is under way at the nation’s southern border,...
is resisting staunch conservatives’ pleas that he declare a migrant “invasion” is under way at the nation’s southern border.
However, “if you read every study” of plans for states to argue conditions on the border qualify as an invasion, “which I have, there is one thing that’s clear,” he told conservative talk-show host “If I make that declaration and tell law enforcement to do it, and law enforcement does do this, they are subject to potential criminal penalties imposed by Merrick Garland, the United States attorney general and the Biden administration, that would be more than happy to arrest and to prosecute a Texas law enforcement official,” he said. “And so we’re looking forward to greater answers about that before we pull that trigger.
But the governor’s “Operation Lone Star,” though it’s on track to spend more than $5 billion of state discretionary funds in the current two-year budget cycle, has drawn little respect from immigration hard-liners.Texas is scrambling to come up with nearly a half-billion dollars to pay the growing tab for its decision to post National Guard soldiers at the southern border. The cost of Gov.
Emily Berman, an associate professor of law at the University of Houston, said the theory is based on a constitutional clause that says a state cannot engage in war unless it’s attacked. In the 1990s, several states sued the federal government alleging its failure to enforce immigration law violated the invasion clause. But Berman said courts shot down the cases, ruling the question a political one.
“Lone Star hasn’t moved the needle one iota for the simple reason that they’re not returning people to Mexico,”However, Abbott said of the invasion declaration idea, “We haven’t been able to conclude that it is a real solution.”
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