TX rep calls on Congress to pass resolution affirming states' rights on border security

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(The Center Square) – Outgoing U.S. Rep. Jodey Arrington, R-Texas, is calling on Congress to pass H.Res. 50, a resolution he filed several times affirming states’ constitutional authority to defend themselves when the federal government fails to secure the border. 

Arrington filed the resolution in January after previously filing it in 2021 and 2023. All three times the resolution was referred to the House Judiciary Committee. All three times the resolution went nowhere. On Thursday, he renewed his call for Congress to pass it.

The resolution states, “Recognizing that article I, section 10 of the United States Constitution explicitly reserves to the States the sovereign power to repel an invasion and defend their citizenry from the overwhelming and 'imminent danger' posed by paramilitary, narco-terrorist cartels, terrorists and criminal actors who seized control of our southern border.”

Arrington argues after “millions of illegals invaded our southern border, flooding communities with drugs, crime, and criminals,” under the Trump administration “border crossings are now at historic lows … but we cannot rely on who occupies the White House to determine whether our border is secure.”

He states Article IV, Section 4 in the U.S. Constitution clearly states: “the federal government ‘shall protect each [state] against invasion,’ but when the federal government fails to fulfill this constitutional duty, Article I, Section 10 expressly guarantees states the sovereign power to repel an invasion and defend their citizenry from ‘imminent danger.’” 

He also claims that “states like Texas cannot afford another border crisis” and Congress passing the resolution will “ensure that states are not passive victims of a failed federal government under a future Democrat presidency.”

The resolution is nonbinding, has no statutory weight and is solely symbolic. 

It states the House of Representatives “declares and finds as a matter of fact any State within the United States has the sovereign right to exclude from the sovereign’s territory any person who does not have the right to be there; declares and finds as a matter of fact that from 2021 through 2024, the States at our southern border, including Texas, New Mexico, Arizona, and California, were invaded or were in such imminent danger from paramilitary, narco-terrorist cartels, terrorists, and criminal actors as will not admit delay as stated in article I, section 10 of the United States Constitution and those States have the sovereign and unilateral authority pursuant to article I, 4 section 10 of the United States Constitution to defend themselves against the invasion or imminent danger by paramilitary, narco-terrorist cartels, terrorists and criminal actors.” 

Arrington’s resolution says only California, Arizona, New Mexico and Texas were invaded and only during the Biden administration. Many in northern states would disagree. During the Biden administration, five northern states reported the most illegal crossings at the border with Canada: New York, Washington, Vermont, Maine and Montana, The Center Square exclusively reported.

The greatest number on the terrorist watch list were apprehended by U.S. officials at the northern border under the Biden administration, The Center Square first reported. 

Ongoing transnational crime is so extensive at the northern border that both Texas officials and Canadian groups have demanded immediate action be taken.

The resolution also departs from border security advocates who argue the entire U.S. was and is still being invaded. This includes migrant warfare, which constitutional scholars argue is ongoing, The Center Square reported. 

Federal and Texas law enforcement argue narco-terrorist cartels and transnational crime exists nationwide. Nearly half of U.S. states are grappling with Tren de Aragua crime. Prosecutions are ongoing nationwide including for terrorism, The Center Square reported.

It was Texas counties that changed the national conversation on invasion but the majority were not in his district, The Center Square exclusively reported. Only the leaders of two of 32 counties in Arrington’s district passed invasion resolutions citing the same constitutional clauses: Shackelford and Throckmorton. 

Overall, 60 Texas counties issued disaster declarations citing the border crisis and 55 passed invasion resolutions, which are still in effect, The Center Square exclusively reported.

Additionally during the border crisis, Republicans in the Texas legislature failed to pass a resolution similar to Arrington’s and Gov. Greg Abbott did not sign an invasion declaration or proclamation. In 2022, after 33 Texas counties had declared an invasion county judges remained at odds with Abbott. 

Also during the border crisis, Texas Attorney General Ken Paxton refused to issue a legal opinion on invasion after repeated calls to do so. First Attorney General Brent Webster also claimed Texas was not being invaded. Paxton has never issued a legal opinion on the matter.

The only governor to declare a national invasion before a state legislature was former South Dakota Gov. Kristi Noem. The only state attorney general to issue a legal opinion on invasion was former Arizona AG Mark Brnovich.