In a direct challenge to the federal government and in an effort to tackle the migrant crisis caused, Texas Governor Greg Abbott is considering to declare ‘an invasion’ the record surge of illegal migration at the US southern border and invoking war powers.
Such a move would give Abbot broader state powers to tackle the flow of migrants at the US border and to get around a clause in the US Constitution which prohibits states from engaging in war unless they were actually invaded.
However, White House Press Secretary Jen Psaki called it last month a publicity stunt by the Texas governor.
Almost 129,000 migrant crossings into Texas were recorded in March – 11,000 more compared to the same month last year- with officials expecting the numbers to rise again when the Biden administration ends the Title 42, the pandemic policy of turning people away at the border under public health rule.
The plan was discussed earlier this month by lawyers for Abbott and Texas Attorney General Ken Paxton. Confirming that he was looking into the idea, Abbott said last week that if that strategy is used, it could expose Texas law enforcement to being prosecuted.
Two people familiar with the discussion said it would allow Texas state police to begin rounding up, arresting, and then dispatching migrants and asylum-seekers over the border into Mexico – powers usually reserved for the federal agencies.
Thousands of National Guard troops are already mobilized by Abbott who previously ordered trucks arriving from Mexico to be checked but recalled those inspections following truckers’ protests and blocks of border bridges that threatened with bigger economic losses and disrupted food supplies.
The funding for law enforcement in border towns was also ramped up with more than $3 billion allocated to border security overall, including the ongoing construction of miles of new fencing.
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