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Abbott: Texas Has A Constitutional Right To Defend Its Sovereignty

Texas Gov. Greg Abbott issued a statement on Wednesday asserting that the Lone Star State has a constitutional right to defend its sovereignty in the wake of an invasion facilitated by President Biden’s open border policies.

“The federal government has broken the compact between the United States and the States. The Executive Branch of the United States has a constitutional duty to enforce federal laws protecting States, including immigration laws on the books right now,” Abbott wrote. “President Biden has refused to enforce those laws and has even violated them. The result is that he has smashed records for illegal immigration.”

According to the Washington Examiner, more than 10 million illegal immigrants have been apprehended by U.S. border officials since Biden assumed the presidency in January 2021. Those figures don’t even include the estimated 1.7 million “gotaways” who evaded capture upon illegally crossing the U.S.-Mexico border.

In his statement, Abbott slammed Biden for facilitating the ongoing invasion and noted how the president’s “refusal to protect the States” has resulted in “more than 6 million illegal immigrants” traversing Texas’ border alone. That figure is greater than the population of more than 30 states.

The Texas governor further underscored the federal government’s obligation to defend states from invasion and the states’ right to defend their sovereignty from outside forces, citing Article IV, § 4, and Article I, § 10, Clause 3, of the U.S. Constitution. While the former stipulates that the federal government “shall protect each [State] against invasion,” the latter recognizes “the States’ sovereign interest in protecting their borders.”

“James Madison, Alexander Hamilton, and the other visionaries who wrote the U.S. Constitution foresaw that States should not be left to the mercy of a lawless president who does nothing to stop external threats like cartels smuggling millions of illegal immigrants across the border,” Abbott wrote. “The failure of the Biden Administration to fulfill the duties imposed by Article IV, § 4 has triggered Article I, § 10, Clause 3, which reserves to this State the right of self-defense.”

“For these reasons, I have already declared an invasion under Article I, § 10, Clause 3 to invoke Texas’s constitutional authority to defend and protect itself,” he continued. “That authority is the supreme law of the land and supersedes any federal statutes to the contrary. The Texas National Guard, the Texas Department of Public Safety, and other Texas personnel are acting on that authority, as well as state law, to secure the Texas border.”

[LISTEN: How Biden’s Open Border Is Wrecking Texas]

Abbott’s remarks appear to come in response to a Monday decision by the U.S. Supreme Court allowing the Biden administration to authorize Customs and Border Protection officials to cut razor wire installed along the border by Texas to stymie illegal immigration. Five of the court’s nine justices sided with the administration, including Republican-appointed Chief Justice John Roberts and Associate Justice Amy Coney Barrett.


Shawn Fleetwood is a staff writer for The Federalist and a graduate of the University of Mary Washington. He previously served as a state content writer for Convention of States Action and his work has been featured in numerous outlets, including RealClearPolitics, RealClearHealth, and Conservative Review. Follow him on Twitter @ShawnFleetwood

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