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Arrington Fights to Safeguard States’ Rights to Defend Against Border Invasion

WASHINGTON, DC—Today, Congressman Jodey Arrington (TX-19) introduced a resolution affirming Article I Section 10 of the U.S. Constitution, which recognizes states’ sovereign power to defend themselves against invasion. In response to President Biden’s open-border policies, the federal government’s failure to respond, and the subsequent opportunism by the cartels, Rep. Arrington implores southern border states to use their constitutional power to defend themselves against the cartel-facilitated invasions and protect their citizens.

“The Constitution is clear: Section IV Article 4 says the federal government “shall protect each of [the states] against Invasion,” said Rep. Arrington. “When the federal government fails to fulfill this constitutional duty, Article 1 Section 10 expressly guarantees states the sovereign power to repel an invasion and defend their citizenry from overwhelming and “imminent danger.” This resolution affirms that states don’t have to be passive victims of this Administration’s border security failures; rather, they should exercise their sovereign, constitutional right to defend themselves and their citizens.”

“No ifs, ands or buts—the Biden Administration is failing to secure our southern border,” said Rep. Brian Babin (TX-36). “The Constitution says clearly that states have the power and right to step in and defend themselves when the federal government won’t do so. I’m proud to support Rep. Arrington’s resolution that will finally take power away from the deadly cartels and put it back into the hands of American citizens as we fight in the war for our safety and sovereignty.”

“The Biden administration abandoned its duty to the rule of law, our national boundaries and Americans’ security,” said Rep. Jim Banks, Republican Study Committee Ranking Member. “It’s negligence, and states have a duty to protect their residents if the White House won’t."

“Drug cartels’ vicious attacks and trafficking at our southern border continue to undermine the stability of Texas and, most importantly, the safety of our citizens,” said Texas State Senator Charles Perry. “I’ve drafted a resolution encouraging state agencies to use their resources to repel the drug cartel invasion, including those of the Texas Military Department as allowed by the U.S. Constitution. I want to thank Congressman Arrington for his efforts to address this very important issue at the federal level."

“Rep. Arrington’s timely resolution is a welcome response to the crisis at the southern border of the United States,” said John Hostettler, Former Chairman of Immigration, Border Security, and Claims Subcommittee on the Committee on Judiciary. “Rep. Arrington reminds us of the genius of the Constitution’s framers who understood that there would come a time when a president would disregard his obligation to protect the states against invasion and the states would be compelled to protect themselves.  This much-needed resolution will bring heightened attention to the struggle that our fellow citizens who live near the border are engaged in and the broader, national consequences of a presidential administration which irresponsibly claims, ‘the border is closed.’” 

“What is happening at the southern border is an invasion,” said Ken Cuccinelli, Former Attorney General of Virginia and Former Acting Deputy Secretary of the Department of Homeland Security.“The U.S. is seeing record numbers of border crossings, preventable crimes being committed by illegal aliens and a federal government that is encouraging this lawlessness. The situation is so bad that the State of Texas has had to declare a state of emergency.  Rep. Arrington’s Resolution reminds us of one of the only measures states - particularly border states - have remaining to fight against cartels and the invasion of illegal immigration the cartels are facilitating to invade this country. This resolution is a much-needed step in regaining control of our southern border via the exercise of the sovereign power of the states.”


Congressman Jodey Arrington is a member of the U.S. House of Representatives serving the Nineteenth Congressional District of Texas. He serves as a member of the House Ways and Means Committee.