On his very first day in office, Joe Biden signed many damaging executive orders, but the most dangerous was the one that ended the emergency declaration on the border and halted construction of the border wall.

The result is the disastrous illegal alien crisis that has exploded into a full-blown national security and humanitarian disaster.

Current activity represents unprecedented levels of illegal migration, human trafficking, and drug smuggling.

The Biden administration has done everything from reprimanding Customs and Border Protection (CBP) agents, falsely smearing them to appease the open-borders wing of their political base, to using propaganda and distortion through Big Media to escalate the crisis.

It is clear from the beginning that the Biden administration has no interest in pursuing the federal policies necessary to secure the southern border.

Given the federal government’s gross dereliction of duty, governors and states have been struggling to fill the voids and do what federal officials and lawmakers refuse to do: end the invasion at the U.S. southern border and restore both order and sovereignty.

The Constitutional Basis for State Action to Counter Washington’s Dereliction of Duty

The US Constitution provides a firm foundation for states to act decisively in the absence of the federal government.

The New World Order driven Biden Administration has neglected its duties under Article IV, Section 4 of the U.S. Constitution to protect the United States, her citizens and communities being ravaged by this invasion of crime, drugs and humanitarian crisis.

It’s obvious to most Americans that the actions of the administration are effectively facilitating the abrogation of its own obligations.

America has a protection if politicians would stand up and use what is known as the “guarantee clause.”

It is Article IV, Section 4 of the Constitution:

“The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them from Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic violence.”

Governors, attorneys general, and state legislatures can take emergency measures–beyond the scope of what has been attempted to this point–to follow through on the primary function of government: protecting its citizens.

The Constitution provides states an appropriate “self-help” remedy under Article I, Section 10, Clause 3, which stipulates that, “No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit delay.”

Is Biden a Failure on Purpose?

The Border states are indeed being invaded illegally. There can be no disputing that the influx of well over 7.2 million illegal immigrants during Biden’s time in office, with thousands of pounds of fentanyl and other deadly narcotics, facilitated by the widespread human trafficking efforts of violent international drug cartels, constitutes an invasion of the southern border of the United States.

These cartels effectively have operational control over vast swaths of the southern border, and in some cases, there is evidence they control law enforcement, judges, and politicians at all levels in border states.

Data provided by CBP indicates that cartels and human trafficking organizations are earning nearly $21 million a DAY moving people illegally across the southern border. These violent international cartels are raking in billions of dollars every year off the pain, suffering, and abuse of migrants. 

Most illegal drugs and narcotics enter the United States through the southern border, a finding outlined in a threat assessment dossier released by the Drug Enforcement Administration (DEA) in March 2021.

The DEA report also outlined that fentanyl, a deadly narcotic that is smuggled into the U.S. by violent international drug cartels, is primarily responsible for fueling the ongoing opioid epidemic that killed nearly 37,000 Americans in 2019, a horrific 57,550 people in 2020, 84,560 in 2021 (when President Trump’s border wall construction was stopped), 108,774 in 2022 and over 130,000 (so far) in 2023.

Governors and state legislators have a duty to their constituents, fellow citizens, neighbors, and families that undergirds the oath they take to uphold both the United States Constitution and their respective state constitutions.

Protection of our nation’s borders constitutionally and even statutorily largely falls under the purview of our federal government, but Biden’s federal government is not just sitting idle as states and communities suffer, it is willfully refusing to enact the very policies and execute the very laws that can bring the crisis to an end. 

The reality is that if the federal government refuses to faithfully execute its own laws, then the states have no recourse but to interpose themselves between the federal government and the people they have sworn to protect in order to achieve deterrence and the removal of illegal aliens.

A partial list of the federal policy failings and actions include:

• The administration’s reimplementation of “catch-and-release” through Executive Order 14010, which releases illegal immigrants into American communities while they await their immigration court hearing.

• The administration’s neglect in enforcing a court order to restore the MPP, better known as the Remain in Mexico policy, whereby illegal immigrants are returned to Mexico to await the adjudication of their status and asylum claims. 

• Even before they allowed it to lapse, the administration refused to fully utilize Title 42 public health protocols to deport illegal immigrants due to the ongoing COVID-19 pandemic.

• The administration’s freeze of the “safe third country” asylum rule which required potential asylum-seekers to first seek asylum in safe nations along their journey as a means of mitigating pressure on the border and deterring false asylum claims.

In light of these federal failings, the Texas legislature passed nearly $3 billion in emergency state funding in a special legislative session to restore order at the border. Governor Greg Abbott (R-TX) announced that the allocated funding will be used for additional personnel, logistical costs to surge resources to the border, and hundreds of millions of dollars for barrier creation in lieu of the administration’s refusal to complete the border wall.

While these actions are necessary, they remain far from sufficient to end an invasion of well over 5 million illegal immigrants who have been apprehended in the first three years of the Biden administration’s tenure.