'The invasion is real': Border county officials call on Texas to use Constitution to end Biden's border crisis



Republican officials in several Texas border counties have declared that the illegal immigration crisis is an "invasion" of their communities and called on Gov. Greg Abbott to declare an emergency and begin deportations.

Officials from Uvalde, Terrell, Kinney, and Goliad Counties held a press conference Tuesday in which they announced that emergency declarations would be forthcoming to call attention to the harms inflicted by the federal government's failure to secure the border.

"I am here to let you know that the invasion is real," Terrell County Judge Dale Lynn Carruthers said.

"We are here to protect the sovereignty of our nation, not just the border of Texas," she added.

The officials said that residents in their communities have seen property damage, increased crime, and other dangers brought by the flow of drugs and human trafficking across the border. They are dissatisfied with the Biden administration's handling of the crisis and are demanding that the Texas state government step in to enforce federal immigration law in the absence of federal law enforcement.

A press release from Kinney County states that in the month of June, local law enforcement has prevented more than 67 smuggling attempts along county roads and encountered over 4,000 illegal aliens "who avoided apprehension by Border Patrol and whose whereabouts are currently unknown."

Since January 2021, more than 3.2 million migrants have been apprehended by law enforcement after entering the country illegally and upwards of 800,000 have slipped past Border Patrol and disappeared into the country, officials pointed out.

\u201cThis is the reality of the #BidenBorderCrisis EVERY SINGLE DAY.\n\n#EndTheInvasion #ImpeachMayorkas #SecureTheBorderNOW\u201d
— Rep. Chip Roy Press Office (@Rep. Chip Roy Press Office) 1657053006

Uvalde Mayor Don McLaughlin said rampant illegal immigration has brought an influx of pedophiles, convicted murderers, drug dealers, and gang members into his community.

"It’s a nightmare. With the tragedy that we just had, our kids are going to be going back to school in the next 45 days or so, and here we’re going to start agin with the bailouts and so forth. It needs to stop. We need to make them come across the right way so we know who they are and where they’re going,” he said.

Goliad County Judge Mike Bennett told reporters there's been an increase in stolen cars and property damage reported over the last two years. He said increased crime rates are "stealing our resources" because more and more of the county budget has to be directed towards law enforcement.

"The Biden administration won't do a thing about it," Kinney County Judge Tully Shahan said. "We’re in over our head. We need help and we need for Attorney General Ken Paxton and our governor to adopt an invasion under its definition in the Constitution. Adopt that invasion and let’s move forward.”

The counties invoked Article IV, Section 4 of the U.S. Constitution and Article 4, Section 7 of the Texas Constitution to declare the existence of an "invasion" of the country. They urged Abbott to do likewise and "take necessary actions to preserve and protect the sovereignty and territorial integrity of Texas."

\u201cHere it is, the Declaration of Local State Of Disaster by Kinney County. \n\n\u201cThe County Judge of Kinney County, TX, has determined that extraordinary measures must be taken to ensure the protection of the health, safety, and welfare of county residents\u201d\u201d
— Matt Roy (@Matt Roy) 1657048508

Their appeal to the Constitution to have state governments enforce federal immigration law is a strategy that has been put forward by conservative activists, including former Trump administration official Ken Cuccinelli, who has advised the county officials and spoke at the press conference.

Cuccinelli said that using the “self-help provision of the Constitution to declare an invasion … gives the governor, decided similarly, the authority to repeal that invasion.”

An Abbott spokeswoman told the Houston Chronicle that "all strategies remain on the table" to confront the border crisis.

“As the challenges on the border continue to increase, Texas will continue to take additional unprecedented action to address those challenges caused by the Biden administration,” she said.

But legal experts like David Bier, the associate director of immigration studies at the libertarian Cato Institute, have criticized the counties' use of the term "invasion," discounting the criminal elements coming over the border and emphasizing that the federal government has broad powers over immigration policy.

“The people coming are actively seeking to place themselves under the laws of the United States by seeking asylum,” Bier told the Chronicle. “So the idea that the first ‘invasion’ in the history of the world where invaders seek to subject themselves to the law of the country that they’re invading — it’s a total mischaracterization of what an invasion is.”

Legal scholar Jonathan Turley made similar comments to Fox News Tuesday.

"I'm afraid I'm skeptical. As they say in Texas, this dog won't hunt. They're relying on the guarantee clause of Article Four, Section Four, and that deals with an invasion, which is generally interpreted and long interpreted to mean an actual foreign invasion in the form of an army, an organized force," Turley said.

"I don't think a court would seriously consider expanding the term 'invasion' to cover this."

Still, conservative lawmakers are supporting the counties' declaration.

"We are dealing with an invasion," Rep. Chip Roy (R-Texas) told Fox News Wednesday. "We are dealing with Texans dying from fentanyl pouring into our communities. Our ranchers are getting overrun, their livestock are getting out, their fences are getting cut. Our communities are dealing with that. So all that these leaders in the counties in south Texas are asking for is that Texas step up and we go do what the federal government refuses to do."

\u201c"Texas is the collateral damage of a federal government that is leaving us dangling."\n\nThe people of Texas are experiencing an INVASION. It's time to formally declare that.\n\n#endtheinvasion\u201d
— Rep. Chip Roy Press Office (@Rep. Chip Roy Press Office) 1657122044

"Texas is the collateral damage of a federal government that is leaving us dangling," Roy said.

Texas rancher says illegal immigrants have caused $60,000 in property damages on his land: 'We don't have the same rights as other people do'



A Texas rancher says he has sustained $60,000 in property damages because of the ongoing "invasion" of illegal immigrants coming across the southern border.

Brent Smith, a rancher and attorney from Kinney County, told Fox News on Monday that ranchers in the area where he lives have been forced to hire private security "to defend their own property rights."

"Us Americans, in this part of Texas, we don't have the same rights as other people do," Smith said. "We can't enjoy our property and go in our backyards anymore at night. It's a tragedy."

He harshly criticized President Joe Biden for neglecting to enforce immigration law by permitting migrants who cross the border illegally to be released from detention and enter the U.S.

Since assuming office, Biden has prioritized dismantling the immigration and border security policies of his predecessor President Donald Trump. Biden reinstated "catch and release" policies that ended under Trump, and he also cancelled construction of a wall on the southern border and overturned the Trump administration's remain-in-Mexico policy requiring migrants to wait for their asylum cases to be processed before entering the U.S.

Because of Biden's policies, immigration enforcement agencies have reported record numbers of illegal immigrants attempting to cross the southern border. This fiscal year there have been more than 1.1 million migrants encountered by Border Patrol agents.

These migrants are trespassing on land owned by American ranchers to avoid detection by immigration and border enforcement, and Smith said that criminal activity on the border has left many Americans in border communities feeling unsafe, even during the day.

"If you don't have a gun with you, you're taking a chance," he said of ranchers walking on their own property. "And it's sad that that's the reality we live in today."

He added that criminal drug cartels "are in absolute control of both sides of the border right now."

According to Smith, no one is compensating the ranchers for damages inflicted on their property.

"If it's a stolen vehicle that goes through the property their vehicle insurance isn't going to pay for it and ours won't either so the landowners are stuck with paying for this," Smith said.

He explained that ranchers are also liable to cover the costs when livestock escape from damaged fences and cause accidents on the road.

Some in Congress are working to correct the injustice. Rep. August Pfluger (R-Texas) on July 30 introduced bipartisan legislation in the House of Representatives that would reimburse farmers and ranchers for costs incurred by vandalism of their property from the illegal immigration surge.

Pfluger's bill would redistribute $300 million in unspent COVID-19 rescue funds to pay farmers and ranchers for damages on their property related to migrant activity.

Farmers and ranchers near the border are enduring livestock loss, crop loss, and damage to fences, physical structu… https://t.co/COTmk3J0Ns

— Rep. August Pfluger (@RepPfluger) 1627870641.0

"Farmers and ranchers near the border are enduring livestock loss, crop loss, and damage to fences, physical structures, and more at the hands of trespassing coyotes and illegal migrants," Pfluger said on social media. "My bill, the #RAPIDAct, would reimburse farmers for these damages.