On January 24, 2024, Texas Governor Greg Abbott issued a statement emphasizing Texas' constitutional authority that he believes "supersedes" federal statutes at the Texas-Mexico border.[1] Abbott had previously invoked the invasion clause under Articles in the U.S. Constitution, citing the state's right to self-defense against illegal immigration.[2]
Statement on Texas’ constitutional right to self-defense.
— Gov. Greg Abbott (@GovAbbott) January 24, 2024
Full statement: https://t.co/D1cI3In0cr pic.twitter.com/6CJ0aTFR4K
"I have already declared an invasion under Article I, § 10, Clause 3 to invoke Texas’s constitutional authority to defend and protect itself. 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," Abbott stated.[1]
Abbott's statement underscored "Texas' constitutional right to defend and protect itself" as it applies to border security.
"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's statement reads.[1]
Governor Abbott's statement comes after the U.S. Supreme Court issued a ruling that permits Border Patrol agents to continue dismantling the razor wire Texas had installed along a section of the border.[3][4] Abbott had authorized the wire's installation in a bid to curb illegal crossings from Mexico. These actions marked an escalating standoff between the Biden administration and Texas over illegal immigration enforcement.
Governor Abbott asserts that the federal government has a constitutional duty to protect states from invasion, drawing upon Article IV, § 4, of the U.S. Constitution, known as the "guarantee clause."[5] This clause mandates that the federal government safeguard each state against invasion and domestic violence upon request from the state's legislature or executive.
Due to the federal government's failure to uphold its constitutional duties, Abbott contends that the Constitution grants Texas the autonomy to take proactive measures to secure its borders, enabling the state to deploy resources such as the Texas National Guard and the Texas Department of Public Safety to address border security challenges without federal impediment.
Abbott's stance reflects a commitment to upholding the safety and sovereignty of Texas residents amid what he perceives as a significant threat to the state's security. By invoking constitutional authority, Abbott seeks to ensure that Texas can effectively manage its borders and protect its citizens from potential risks associated with illegal immigration.
Understanding that the border crisis is not just a border state problem, governors from around the country have shown their support for Abbott's decision to push back against the Biden Administration. 25 Republican governors released a joint statement in support of Greg Abbott and Texas’ constitutional right to self-defense.[6] Signatories include:
- Governor Kay Ivey, Alabama
- Governor Mike Dunleavy, Alaska
- Governor Sarah Sanders, Arkansas
- Governor Ron DeSantis, Florida
- Governor Brian Kemp, Georgia
- Governor Brad Little, Idaho
- Governor Eric Holcomb, Indiana
- Governor Kim Reynolds, Iowa
- Governor Jeff Landry, Louisiana
- Governor Tate Reeves, Mississippi
- Governor Mike Parson, Missouri
- Governor Greg Gianforte, Montana
- Governor Jim Pillen, Nebraska
- Governor Joe Lombardo, Nevada
- Governor Chris Sununu, New Hampshire
- Governor Doug Burgum, North Dakota
- Governor Mike DeWine, Ohio
- Governor Kevin Stitt, Oklahoma
- Governor Henry McMaster, South Carolina
- Governor Kristi Noem, South Dakota
- Governor Bill Lee, Tennessee
- Governor Spencer Cox, Utah
- Governor Glenn Youngkin, Virginia
- Governor Jim Justice, West Virginia
- Governor Mark Gordon, Wyoming
As of February 4, 2024, a total of 14 states have sent personnel and resources to Texas in order to help secure the border:[7]
- Arkansas
- Florida
- Iowa
- Idaho
- Nebraska
- North Dakota
- Ohio
- Oklahoma
- South Carolina
- South Dakota
- Tennessee
- Virginia
- West Virginia
- Wyoming
References
1. Governor Abbott Issues Statement On Texas’ Constitutional Right To Self-Defense. Office of the Texas Governor. Gregg Abbott.
2. Governor Abbott To President Biden: Texas Is Escalating Border Security Efforts. Office of the Texas Governor. Gregg Abbott.
3. Justices Allow Removal of Texas’ Razor Wire on US-Mexico Border. National Conference of State Legislatures. January 23, 2024.
4. Miscellaneous Order January 22, 2024. Supreme Court of the United States.
5. Article IV, Section 4. Constitution of the United States. Constitution Annotated.
6. Republican Governors Band Together, Issue Joint Statement Supporting Texas’ Constitutional Right to Self-Defense. January 25, 2024. Republican Governors Association.
7. America’s Governors Stand With Texas To Secure The Border. Office of the Texas Governor. Gregg Abbott.