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GOP senator calls migrant influx ‘invasion’ - Aims to free up states to act

By CM Chaney · September 27, 2023

In brief…

  • Sen. Roger Marshall (R-Kansas) is introducing a resolution declaring an "invasion" at the southern border due to record illegal crossings under President Biden.
  • The resolution would allow states more authority to take independent action to secure their borders.
  • Texas and the Biden administration have clashed in court over the state's border security measures.
  • Data shows more than 2.86 million migrant encounters so far in FY2023.
  • Marshall call the crisis the "most immediate national security threat."
Kansas Sen. Roger Marshall (above) plans to introduce a resolution declaring the mass influx of migrants at the US-Mexico border an "invasion."  Eric Connolly, U.S. House Office of Photography/Wikimedia

Sen. Roger Marshall (R-Kansas) plans to introduce a resolution declaring a “formal invasion” at the U.S.-Mexico border due to the record number of illegal crossings under President Biden.

“Since our own commander-in-chief won’t put a stop to this historic crisis — an invasion as defined by the U.S. Constitution — Congress must recognize each state’s right to secure their borders themselves,” Marshall told The New York Post

The resolution would designate the massive influx of migrants as an “invasion” under the Constitution, including language allowing states to take measures independent of the federal government to repel “invaders.”

Though unlikely to pass the Democrat-led Senate, the designation would cite the Constitution’s language enabling states to act if “actually invaded.”

The resolution invokes Article I, Section 10, which provides more flexibility for states to defend against invasion. Declaring an invasion could also trigger Section 4, requiring the U.S. to protect states against invasion.

This comes amid tensions between Texas and Biden over the state’s efforts to curb illegal immigration. The Justice Department sued Texas over a buoy barrier designed to stop border crossings. An appeals court has since issued a stay.

Marshall’s resolution comes in response to data showing more than 2.86 million migrant encounters at the border this fiscal year, surpassing FY2022.

The number will likely exceed 3 million by October 1, not including those evading detection, meaning the actual number is higher. The resolution cites numerous complaints over Biden’s policies “further encouraging illegal aliens.”

“Chinese military-aged men with ties to the CCP, cartel drug dealers, and people on the terrorist watch list are among the millions exploiting our border vulnerabilities,” Marshall said. “This is our nation’s most immediate national security threat, yet Joe Biden refuses to do anything to stop this invasion at our southern border.”