Texas GOP House members: What we must do to keep the border secure

Congress must clarify states’ ability to protect themselves.

OPINION BY THE TEXAS GOP CAUCUS
MAY 13, 2026
AS SEEN IN THE DALLAS MORNING NEWS

Texas has seen firsthand the consequences of a federal government that fails to secure the border and defend its citizens.

For four years, the Biden administration’s open-border policies placed extraordinary strain on our state. Millions of illegal immigrants poured across our border, drug and human trafficking surged, and communities across Texas were ravaged – straining law enforcement, public services and local resources.

When Texas stepped up to protect its citizens, the federal government didn’t just fail to help – it actively stood in the way. The Biden Department of Justice repeatedly sued Texas for taking action to secure the border and enforce the law, forcing our state to shoulder the burden of a crisis it did not create. This dereliction of duty at the federal level cost Texas taxpayers more than $11 billion through Operation Lone Star.

Today, under President Trump’s leadership, order has been restored. Border crossings are at historic lows, and the federal government is once again fulfilling its primary duty to provide for the common defense.

But the security of our border and the safety of our communities cannot depend solely on who occupies the White House. Fortunately, the Constitution provides a remedy that ensures states are not left defenseless if and when future administrations attempt to return us to open-border policies.

Congress now has a critical opportunity to assert this fact.

Article IV, Section 4 is clear that it is the responsibility of the federal government to “protect each [state] against invasion.” But the founders also recognized that this duty might not always be fulfilled. That is why Article I, Section 10 preserves the sovereign authority of states to act in self-defense when they are “actually invaded” or “in such imminent Danger as will not admit of delay.”

What does this mean? States do not have to be passive victims of a failed federal government.

House Resolution 50, authored by U.S. Rep. Jodey Arrington, R-Lubbock,  and endorsed by every Texas Republican member of the U.S. House of Representatives, affirms what the Constitution already provides and clarifies the law around when states may exercise their authority to act in self-defense. It does not expand state power or create new law. It provides critically needed clarity. Specifically, the resolution makes clear that border states experienced such a surge in lawlessness from an insecure border that it constituted an imminent danger to our states, cities and communities.

Biden-era legal challenges exposed how ambiguity can be used to block states from defending themselves. Courts will ultimately be asked to resolve this issue. When they do, they will look to Congress for guidance on what constitutes an invasion or imminent danger.

Without that guidance, states like Texas will face the same uncertainty in future legal battles against administrations that seek to reverse strong border policies.

Passing House Resolution 50 will reaffirm the constitutional balance between the federal government and the states and ensure that Texas is never again forced to bear the consequences of Washington’s failures without the ability to fully defend its communities.

Congress has both the opportunity and the responsibility to act now.

This op-ed is submitted by the Texas GOP Caucus, representing Republican members of the U.S. House of Representatives from the State of Texas, including Reps. Nathaniel Moran (TX-01), Dan Crenshaw (TX-02), Keith Self (TX-03), Pat Fallon (TX-04), Lance Gooden (TX-05), Jake Ellzey (TX-06), Morgan Luttrell (TX-08), Michael McCaul (TX-10), August Pfluger (TX-11), Craig Goldman (TX-12), Ronny Jackson (TX-13), Randy Weber (TX-14), Monica De La Cruz (TX-15), Jodey Arrington (TX-19), Chip Roy (TX-21), Troy Nehls (TX-22), Beth Van Duyne (TX-24), Roger Williams (TX-25), Brandon Gill (TX-26), Michael Cloud (TX-27), John Carter (TX-31), and Brian Babin (TX-36).