OPINION:
An invasion is happening at America’s southern border. Despite its duty to protect our sovereignty, the federal government has turned a blind eye to a crisis that is growing worse every day. Fortunately for the people of Texas, Gov. Greg Abbott has taken a stand to defend his state and, by doing so, the rest of the country. I stand with Texas.
Mr. Abbott is within his authority under the U.S. Constitution — specifically, Article 4, Section 4, which states the federal government must protect a state from invasion. Furthermore, Article 1, Section 10 of the Constitution is equally clear: A state cannot engage in war unless it is actually invaded.
According to data from the House Homeland Security Committee, U.S. Customs and Border Protection recorded more than 2.4 million encounters at the southwestern border with illegal aliens in fiscal 2023. So far this fiscal year, 169 people on the terrorist watch list were apprehended attempting to enter the country illegally.
Encounters at the southwestern border increased by over 40% from 2021 to 2023 and by more than 100% since 2019. The numbers in October showed a 40% increase since September 2021.
In fiscal 2023, CBP agents seized 27,293 pounds of fentanyl. As the House Homeland Security Committee documents noted, this is enough to kill more than 6 billion people. It is a chilling reminder that this is more than a border-state issue. It is a national security crisis.
All the more reason for Mr. Abbott and other state leaders to act. The national media are confused about the meaning of the recent 5-4 decision by the Supreme Court in relation to the federal government and Texas.
To be clear, nothing in the high court’s order stops Texas officials from putting up barbed wire, fences or other barriers on state or private property along the border. Oddly, the order also allows the federal government to tear it down while the case is pending.
Texas officials started the legal action after federal government employees started taking down barriers put up by the state. In fact, the findings of the federal district court were favorable to Texas and criticized the Biden administration for failing to enforce immigration law.
Texas officials then filed an appeal with the 5th U.S. Circuit Court of Appeals because the lower court, while agreeing with the findings of the state, declined to issue an injunction on the grounds that the federal government was immune to a lawsuit in this area of the law.
An injunction was issued by the higher court with an exception that the federal government could cut or move the wire “if necessary to address any medical emergency.” That is when the Biden administration filed an emergency appeal with the U.S. Supreme Court. The court issued an order, on a 5-4 vote, vacating the injunction while the case is on appeal. This was a ruling on process, not substance. They did not decide against the merits of the arguments raised by Texas officials.
None of this would be necessary if the Biden administration would do its job. House Republicans passed the Secure Our Border Act of 2023, but Democrats in the Senate refused to act on it.
The legislation would secure order by requiring the Department of Homeland Security to resume building a wall along the southwestern border as planned before President Biden took office. It would also require Customs and Border Protection to hire enough border agents to maintain staffing at 22,000 employees, increase annual flight hours for staffed surveillance operations, and operate unmanned aircraft systems around the clock along the southern U.S. border.
The legislation, which passed in the House but stalled in the Senate and is opposed by Mr. Biden, would also limit asylum-seekers and require employers to use E-Verify to confirm employees are legal to work.
All of this and more needs to happen right now. In addition, the federal government must retain the Remain in Mexico policy, which requires those seeking asylum to stay in Mexico until their court date is set with U.S. immigration.
As thousands more cross the southern border illegally, we need to take dramatic action. The president should be working with governors to call in members of the National Guard to block the invasion.
Many in Washington advocate sending billions of dollars to Ukraine and Israel to help them secure their borders from those seeking to do them harm. Ironically, many of them are opposed to taking equally dramatic action to secure our own border from those wanting to do the same here at home.
Criminals are trafficking drugs, guns and people across our southern border. Terrorists are making their way into our nation. When fentanyl kills a 16-year-old in Oshkosh, Wisconsin, Grand Rapids, Michigan, or Manchester, New Hampshire, it is more than a border issue. It is a national security crisis.
I am glad that Mr. Abbott has the courage to do what President Biden should be doing right now. That’s why I stand with Texas — and so should the rest of the nation.
• Scott Walker is president of Young America’s Foundation and served as the 45th governor of Wisconsin.
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