“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,” said Greg Abbot, governor of Texas.

Governor Greg Abbot of Texas declared a state of emergency and invoked Article I, § 10, Clause 3 of the United States Constitution to empower the state to defend and protect itself. The governor’s announcement comes amidst rising concerns about border security and illegal immigration.

Governor Abbott emphasized the constitutional authority granted to Texas, asserting that it supersedes any federal statutes that may conflict with the state’s prerogative to safeguard its borders. According to the Governor, the Texas National Guard, the Texas Department of Public Safety, and the other state personnel are now actively engaged in securing the border, acting not only under the Constitution but also by state law. 

The invocation of Article I, § 10, Clause 3 grants states the power to engage in acts of self-defense without waiting for federal intervention. Governor Abbott’s decision reflects a commitment to prioritize the safety and well-being of Texas residents while asserting the state’s autonomy in addressing border-related issues.

The focal point of the escalating feud between Abbott and the federal government centers around the control of part of the Texas-Mexico border in Eagle Pass, a town of about 29,000 residents. Despite immigration law enforcement being under federal jurisdiction, Abbott argues that the Biden administration has failed to enforce immigration laws, leaving Texas with no choice but to take matters into its own hands.

Abbott’s commitment to enforcing border security includes the erection of concertina wire as a barrier between the Rio Grande River and Shelby Park, a 47-acre area in Eagle Pass. This move, however, has led to a dispute among the federal government, which claims that the wire impedes the work of federal border agents attempting to apprehend individuals crossing the river.

The Texas governor has found support among Republican governors, with twenty-five of them releasing a joint statement last month asserting that Texas has the legal authority to defend itself due to the perceived failure of the Biden administration to enforce immigration laws.

Lt. Col. Freeman Martin, deputy director of DPS’s Homeland Security Operations, asserted during a briefing that Abbott’s directives are working, claiming that the concertina wire and buoy barriers, “save lives.” However, there is no concrete evidence supporting the state’s claim that buoys deter people from attempting to cross the river.

Meanwhile, on the publicity side, trucks, campers, cars, and vans have spanned from South Dakota to North Carolina, and from Washington to Pennsylvania. This gathering is a demonstration of conservative Americans over what they perceive as a broken immigration system. 

Abbott’s invoking of this article and putting Texas in a state of emergency causes potential legal challenges and constitutional conflicts. As the bordering nation for the U.S. and Mexico, Texas’s actions will raise diplomatic tensions. Such unilateral action will hinder the possibility of collaborative solutions and prevent future improvements to international cooperation on border-related matters. Hopefully, the federal government will work to prevent any further complications.