Immigration / Politics

As Biden Fails on the Border, GOP Governors Make Plans to Step In

AMAC Exclusive – By Seamus Brennan


Since Joe Biden took office in January, U.S. Border Patrol has apprehended more than 1.6 million illegal aliens at the southern border between the United States and Mexico—including nearly 165,000 in October alone—the most annual apprehensions ever recorded. And these are just the ones who were caught (and mostly released). It does not even count the ones who got away.

As bad as the situation has been, the disarray and lawlessness looks to be only accelerating, even as Biden and his chosen border czar, Vice President Kamala Harris, appear content to pretend the problem does not exist. While the federal government continues to fail in its fundamental duty to enforce the law and defend the nation, some states have decided to take action of their own, raising new legal questions about the right of states to secure their own borders.

This idea first took root in Texas this summer when Governor Greg Abbott, after witnessing Biden’s inaction on combatting the border crisis, announced his intention to take matters into his own hands. “While securing the border is the federal government’s responsibility, Texas will not sit idly by as this crisis grows,” he said. “The state is working collaboratively with communities impacted by the crisis to arrest and detain individuals coming into Texas illegally. Our efforts will only be effective if we work together to secure the border, make criminal arrests, protect landowners, rid our communities of dangerous drugs, and provide Texans with the support they need and deserve.”

Since his initial June announcement, Abbott has taken additional steps to coordinate a more national response to combat the drastic rise in illegal immigration this year. In October, Abbott met with nine other state governors to discuss “the far-reaching impact of the Biden administration’s open border policies, particularly with the rise in fentanyl in communities across the nation”—a move that echoes legislation introduced by a Texas state senator earlier this year to create an inter-state compact that would “empower participating states to gain operational control of the border and enforce existing laws” following Congressional consent. This tactic has predictably invited pushback, with opponents of the legislation claiming that immigration law remains solely the purview of the federal government.

Though much of Abbott’s plan to enforce border security in his state has succeeded to a limited degree thus far—including the construction of barrier along the border and empowering state law enforcement agencies to arrest and try illegal aliens—the constitutionality of state-level initiatives to address federal immigration problems remains somewhat unclear.

Stephen Miller, former Senior Advisor to President Donald Trump, told Tucker Carlson recently that he believe state governments do in fact possess the constitutional authority to do what Joe Biden refuses to do. “I would argue,” Miller said, “that the appropriate constitutional remedy is Article IV, Section 4.”

Article IV, Section 4 of the Constitution guarantees “to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion” and “against domestic Violence.”

“It does not say that that has to be in the form of a nation-state actor,” Miller continued. “It would provide the constitutional predicate for the Supreme Court, if they had the moral courage, to strike down this entire scheme, which is a blatant violation of our entire constitutional republican form of government.”

Michael Greenberger of the University of Maryland Law School echoed Miller’s argument and defended Abbott on the basis that Texas is merely enforcing its own pre-established laws. “I think he [Abbott] would have an argument that he’s protecting the sovereignty of the state’s borders, by having people who are not allowed to come into the state,” he said.

The far left, however, strongly opposes such measures. In July, the Biden Justice Department sued the state of Texas over its recent steps to secure the border. “Texas has no authority to interfere with the United States’ ‘broad, undoubted power over the subject of immigration,’” Attorney General Merrick Garland wrote, belying the administration’s repeated claims that it wishes to see the border crisis solved.

The American Civil Liberties Union (ACLU) has similarly questioned Texas’s approach. “Abbott has several times over the past couple of months attempted to create his own version of immigration policy and to enforce his own version of immigration policy,” claimed Kate Huddleston of the ACLU of Texas. “But the Constitution does not allow him to do that. Immigration policy is up to the federal government.” Geoffrey Hoffman, director of the University of Houston’s immigration clinic, went so far as to say that Texas’s involvement “invites a constitutional catastrophe.”

These legal disputes will likely be settled by the courts in the months ahead. But as the border crisis continues to worsen while the Biden administration lets it happen, many Americans will likely see state-level strategies like that of Texas as a last but necessary resort to protect their national sovereignty.

As Abbott and other Republican elected officials across the country have made clear, they are both willing and eager to provide the leadership that Biden has failed to from the moment he was sworn in. And, as Biden may soon discover as his party begins the fight to retain its majorities in Congress next fall, voters are taking notice.

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8 months ago

What happening it is immigration matter but rather crime issue. Illegal border crossing it crime. Handing of application for the legal immigration is Federal responsibility as it is guarding the border. If INS does not do it it is a State choice to keep or not its public safe. Border states should do what they see appropriate.

8 months ago

The ACLU should be called the Alien Civil Liberties Union since they sure as hell don’t represent the liberties guaranteed to us by OUR Constitution!

Kathleen Maxson
8 months ago

I agree with Governor Abbot of Texas. And I also think it’s time for a Convention of the States according to Article V of the Constitution. Biden, Harris, and Pelosi need to be impeached now.

8 months ago

I can’t believe we are not doing anything to stop this border problem. This is illegal and I certainly hope we try him for breaking every law in the book, and treason by hanging. He’s a bum and doesn’t deserve to be called “President”. He’s no President. He’s a thief, liar, con man, and definitely Satan’s sidekick.

Camille Gilliam
8 months ago
Reply to  Karen

I don’t call him President!

8 months ago

Why isn’t Biden imprisoned for destroying our country? We cannot take three more years of this.

8 months ago

They Arizona Governor should be doing exactly what the Texas Governor is doing, but I haven’t heard anything from him on our AZ border Security. All Republican Governors need to stand together against Mayorkas and his lack of leadership to secure the border and protect American citizens.

Article IV, Section 4 of the Constitution guarantees “to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion” and “against domestic Violence.”

8 months ago

Without going into any of the other grave failures by this administration Americans CANNOT allow this lack of border integrity to continue. Drugs, human trafficking, and long term widespread voter fraud and expansion of drug cartels and organized crime will Destroy American safety and security indefinitely. But, then again, that IS the goal of the left and this administration isn’t it? It cannot be allowed to continue…

8 months ago

All one has to do to perceive the actions of Governor Abbott and the State of Texas is to look at those opposed to such activities that are constitutionally guaranteed within the realm of the law of the nation. When you see that the ACLU and Attorney General Merrick Garland stand opposed to these lawful actions, you realize that Texas is in the right to secure the border and ensure its citizens are protected.

8 months ago

I heard from a liberal acquaintance that building a wall along the southern border will interfere with the natural migration patterns of many species – and, of course, illegal aliens. She didn’t include that group.

Lee S McQuillen
8 months ago

It seems to me that it’s the obligation of state governments to protect its citizens. If building a wall or using the National Guard to keep illegals out could be solutions, the governors have an obligation to take these steps. Immigration policy seems to mean saying who can come in legally and who cannot. Definitely a “policy” of letting anyone walk across the border is not compliant with Article IV, Section 4 of the Constitution that guarantees; “to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion” and “against domestic Violence.” There certainly is domestic violence involved with what’s going on as well as an invasion into any state having these people thrust upon them. Actually, this is bullying by the federal government on a huge scale!

8 months ago

Our government does not care about Americans! Quite the contrary, they are hell bent on destroying America to serve themselves.

Willy E
8 months ago

IMHO: The federal government is derilect in its duty to protect the USA from invasion by foreign or domestic enemies. The foreign enemies are invading our country without federal resistance because the domestic enemies who are infesting the government are trying to overthrow the USA. Since the federal government has gone rogue, the southern border states have an obligation to take over and protect their state(s), and since this invasion extends to the entire country, they also have a duty to help protect the rest of the USA. Build the wall and enforce the immigration laws! Go Governor Abbot!!!

Tom Sullivan
8 months ago

As far as Greg Abbott goes it’s too little too late despite the rhetoric. Illegals are still pouring over the border at record numbers and so whatever he thinks he’s doing has had minimal effect in Texas. I know this I’m going to be voting for a new different governor.

8 months ago
Reply to  Tom Sullivan

It appears to me that he really cares about Texas and is doing what he can to secure the Texas Border. The Biden Administration has been ordered back in August to reimplement the “Stay in Mexico” policy and still haven’t done so. Maybe your Governor actually thought Mayorkas and Biden would follow the law. When it became apparent that they won’t, Abbott stepped up. My perception anyway.

8 months ago

For months now, we’ve all known what’s going on at the border, with reports that Gov. Abbott and others were doing something to stop the illegals from crossing. So, when are they going to stand by their word, that is reported over and over again. We need the see reports that they ARE stopping this atrocity that’s happening to American Citizens. Our safety and security has been at stake for too long.

8 months ago

Stop blaming BIDEN! He’s just a PUPPET! America’s enemies ( ie., traitors) are at “the helm”. What else do you expect? We let it happen. Voting doesn’t count. No patriots left. Who was Mucius Scaevola?

8 months ago
Reply to  J

I do blame Biden for allowing himself to be a puppet. And if he is in early stages of Alzheimer’s, then I blame his wife for allowing his compromised mental state to be taken advantage of. And why wasn’t he cognitively tested during his White House physical! And with the surface of Hunter’s laptop, there is plenty of evidence that China owns the Biden’s. China gave us Biden and Biden gave China Afghanistan and their 1trillion dollars of rare earth minerals.

8 months ago

I hope that they are successful. As a senior I struggle to pay my bills. How will these people survive. Only by breaking the law and working under the radar

8 months ago

It all comes down this … why pay taxes!? When/if people say ‘enough is enough’ and close their wallets, what is Biden going to do? Just asking. This democratic republic was designed to have people control government not government control people. The primary responsibility of the President is to secure the nation against foreign and domestic enemies. Is that happening?

8 months ago

Once again no mention of the BBB, (Bungling Biden Bill), passed in the House Friday the 19th of November, 2021, that if passed in the Senate will end this country as we know it. The Imposter In Chief and his Commie thugs do not obey our laws. In affect they are guilty of imposing a treasonous tyrannical government upon us which mentioned in our Constitution allows the citizens of of a takeover to form state Militias to take the country back. I’m hoping this is happening now because much longer and it will be no use. We the people must fight back to keep our right to freedom and prosperity in our country. May God help us all!!

8 months ago

Seriously, could we get the Republicans to move some of the trillions of $$$$$$$$$$
and send all of the illegal aliens to the huge state of California. They say California is the 5th
largest country. They could become even bigger. And unburden the SMALL towns all across the US of American and its tax payers!

Pat R
8 months ago

It became more than obvious why the administration is pro-open borders when Biden began spouting his intention to fight for amnesty for those illegal border crossers – to vote Democrat. That’s been the reason/intent all along so Dems would forever be elected, re-elected.

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