Is the border crisis an 'invasion'?
S E E D E D C O N T E N T
Texas Gov. Greg Abbott claims that President Biden's failure to faithfully execute the immigration laws enacted by Congress has violated Article IV, § 4 of the U.S. Constitution, which provides that "[t]he United States . . . shall protect each [State in this Union] against Invasion."
The border crisis hit a new record in May 2022, which saw the largest number of illegal border crossers along our southern border since CBP began keeping track in 2000, and these unprecedented numbers are overwhelming local communities across Texas.
Abbott has decided to attempt to exercise his state's authority under Article I, § 10 of the U.S. Constitution to protect itself against an "invasion" of undocumented migrants at the Southwest border.
Clause 3 of Article 1 § 10 states:
"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 of delay." (Emphasis added)
The Supreme Court has held — in the mid-1800s — that the phrases "unless actually invaded" and "in such imminent danger" refer to an invasion or the threat of an invasion by a foreign enemy, "indians," or pirates.
It would be quite a stretch to apply that interpretation to this situation.
But the courts may do it anyway.
It's reasonable to expect states to be able to protect themselves when a president releases more than a million migrants — about whom little if anything is known — into the country.
Gov. Abbott isn't the only one who is concerned. Ipsos recently announced poll results which indicate that more than half (54 percent) of American adults believe it is at least somewhat true that we're experiencing an invasion at the southern border (40 percent of the Democrats, 76 percent of the Republicans, and 46 percent of the independents).
And 42 percent of American adults believe that it is at least somewhat true that the Biden administration is implementing an open border policy at the southern border (29 precent of the Democrats, 63 percent of the Republicans, and 37 percent of the independents).
Record-breaking numbers
The border patrol has encountered more than 1.8 million illegal crossers at land borders in fiscal 2022, and there are still two months left to go in the fiscal year. That number is higher than the entirety of illegal crossers in fiscal 2021, when the border patrol encountered nearly 1.7 million illegal crossers. The highest number of encounters in the four previous fiscal years was 859,501 in 2019.
Catch and release
In May, U.S. Customs and Border Protection (CPB) released 95,318 migrants into the United States that it had encountered at the Southwest border, bringing the total of illegal migrant releases under the Biden administration to 1,049,532 — which is a population larger than the number of residents in the president's home state of Delaware.
Andrew R. Arthur has observed that, "There were 496 days between Jan. 21, 2021 (the day after the inauguration) and May 31, 2022… DHS released — on average — 2,115 illegal migrants per day throughout that period."
But is it an invasion?
Philip Bump, a national correspondent for the Washington Post, questions whether the border crossings can be considered an invasion. The migrants are stopped when they try to enter the United States, and the ones who are released are released on parole or alternatives to detention to wait for a hearing. Moreover, most of the migrants who are released show up for a hearing before an immigration judge.
He would have a good point if DHS maintained control over the released migrants, but that's not the case.
Even if Bump is right that most of them appear for their hearings, "most" is not good enough when more than a million are released into the country: At past rates, more than 400,000 of them won't appear at their hearings.
And what difference does it make that many of them appear at their hearings if some of the ones who receive a deportation order abscond after their hearings.
The end-to-end enforcement lifecycle approach that CBP used in its Fiscal Year 2020 Enforcement Lifecycle Report (report) provides a more realistic measure, and it indicates that catch and release border policies don't work.
The report describes the final or most current outcomes — as of March 31, 2020 — associated with the 3.5 million encounters with illegal border crossers and inadmissible migrants between 2014 and 2019. Overall, only 59 percent of their cases had been resolved through a final outcome of repatriation or relief from removal. Repatriations occurred in 1.8 million cases (51 percent) versus 1.7 million cases (49 percent) that had no confirmed departure, including the 284,000 cases in which the migrants were granted relief or other protection from removal (8.1 percent).
Detention matters
According to the report, 42 percent of the migrants remained in custody between their initial encounter and a final enforcement outcome. These migrants were repatriated 98 percent of the time, with only 0.5 percent receiving relief or other protection from removal and 1.5 percent remaining unresolved as of March 31, 2020.
In contrast, migrants who were not detained after their initial encounters were repatriated only 30 percent of the time, with 15 percent granted relief and 55 percent unresolved; 40 percent of the unresolved cases were still being processed, and 11 percent were subject to unexecuted removal orders.
That was then, and this is now
I think the results are likely to be worse now.
Many more undocumented migrants are being released, and the numbers are likely to double when the Title 42 order is terminated, which is inevitable. Approximately 1.7 million (53 percent) of the 3.2 million illegal crossers the Border Patrol has apprehended at the Southwest border during the Biden administration were expelled pursuant to that order.
Also, the wait for a hearing is much longer now. As of the end of July, the immigration court backlog was more than 1.8 million cases, and the average wait for a hearing was 818 days.
If you don't want to call this an invasion, what would you call it?
More to the point: If it's not an "invasion" under current interpretation of the law, what recourse should states have to limit the flood of undocumented migrants being released into their territories?
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Damn right it's an invasion. And it's being facilitated by the defacto open border policies of the Biden administration.
States adopt fairly harsh measures to control plants, animals, and insects that are not native. The invasive species compete with and displace the native inhabitants. The situation is not too dissimilar with the problem of Burmese pythons invading the Florida everglades. Or zebra muscles in the Great Lakes. Or Asian carp in the Mississippi watershed. Or the potential problem of murder hornets.
The government has a responsibility to protect native populations of every plant, animal, and insect -- except human populations.
Please tell me you're not actually comparing human beings to insects and/or snakes.
You do realize that humans are an invasive species. That's why the government is required to protect wilderness from human intrusion.
You do realize they're different from snakes and insects, yes?
Yes.
I'm sorry guys, this whole idea is asinine.
Calling the immigrants at the border an "invasion" is like looking at a bunch of people floating in the ocean after their ship just sank and saying "prepare to be boarded".
Do we have an immigration problem? Hell yeah. Largely of our own making because we're too fucking stupid to do any math.
Invasion? Just stop.
Thank you for saying that.
Hell, no. We have successful LEGAL immigration laws that tens of millions of immigrants have obeyed for over a century. My great-grandparents and grandparents were among them.
Those who ILLEGALLY enter the USA are breaking our immigration laws, and under the Biden presidency, they are rewarded with free healthcare, education, housing, and food during a RECESSION when US citizens and LEGAL immigrants suffer.
Riddle me this.
If Texas kept these people they would be grateful and would be republicans.
Instead, they are shipping them off to NY, where they will be grateful and become democrats.
Who's fault is it if they vote for one party over the other (btw, they are not supposed to vote, so I am not sure about this whole argument anyway)
Well then, sounds like a boon for NY and Democrats as well, perhaps instead of busses Gov. Abbott should start sending trains.
I know you think that your gov seems funny, but we don't here in NY.
“Who's fault is it if they vote for one party over the other…”
Guessing risking life and limb escaping horrors we conveniently ignore, separating families in the hope of one day reuniting, and entering a hostile world where they have become a divisive symbol of something in which they have no voice ate more immediate issues than choosing with what party they may align.
Survival is their only thought. We, however, and in our largesse, make them but another pawn in our endless, privileged games we play.
Ungrateful we are, bordering on inhumane in forgetting all who came before us and all that we are supposed to be.
I'm only following your logic.
Well if it is anything like my SIL about 5 years.
Because I was following your logic. It was you who said:
Why doesn't NYC welcome the opportunity to provide sanctuary? Do you really want them staying in Texas and Arizona?
Funny? No but as I've said before this is exactly what southern border states governors should have been doing all along. Those of you that live in states not really affected by the border crisis are starting to get a taste and y'all don't like it. So maybe if enough blue states and cities start hollering about it enough something will start getting done.
There were little to NO immigration laws in the US for white people until 1952, so pretending that your great-grandparents and grandparents met a comparative standard to today is ridiculous.
Those who enter the USA LEGALLY seeking asylum are NOT breaking our immigration laws.
Not counting the National Origin Act of 1924?
We have welcomed them since we recognize they are human beings. We do not have unlimited resources though. In NY, being a sanctuary was never intended for large amounts of people.
First of all, as I have stated, I am not for what is going on, on your border. That being said, shipping people off like they are cattle, is kind of gross. This shouldn't be a red state/ blue state thing and even if you think that it is, where are all your red state friends? I don't hear anything from them either. Why are you OK with that? So in reality, this is just an act of spite.
And we have LEGAL immigration asylum laws that allow immigrants to come to our borders seeking asylum.
Really?
Health Coverage of Immigrants | KFF
Facts About Immigrants & the Food Stamp Program - National Immigration Law Center (nilc.org)
PolitiFact | Fact-checking claim about immigrants, eligibility for assistance programs
But don't let facts and reality get in the way of your uninformed partisan narrative, few right wing conservatives ever do.
Apparently Texas and Arizona don't either. The federal government does however, as they are about to forgive $300 billion or so in student debt. They need to tap their vast resources and help these poor people.
My grandparents entered the US legally as well, through Ellis Island. Most people today jumping the fence or swimming the river are not.
One was legal, one is not. The only standard that need be applied
I agree it shouldn't be a red state blue state thing it should be a U.S. thing, yet it hasn't really seemed to be has it? My red state friends? What does that mean? Spite? I don't know if Abbott has a personal motivation here but, again, it sure is getting some attention on a problem that wasn't getting any really except by those directly affected by it.
Nice way of mixing two issues... but I am not for debt forgiveness either. You seem to have this independent mixed up as a liberal, not that I am dissing liberals or conservatives.... just one governor.
Cattle don't travel in chartered busses.
No, it should be a federal thing but they seem to be missing in action.
Neither are the mostly small towns in the border states seeing the brunt of this ongoing influx
Forgive me, my comments are directed at all of our readers, not just to you.
No, it's an act of common sense necessity
I agree.
It was in regards to your comment:
I don't see other red states caring either. So why pick on NY and DC?
I don't think so. Otherwise, he would be sending those bus loads across America. In case you haven't noticed, no state is beating the drum for Texas.
They don’t have backpacks, clean cloths, cell phones or good haircuts either.
I think that Abbott is treating humans as cattle... but hey I'll let everyone come to their own conclusion.
In NY, we are treating them as people, but we have had more than our fill to treat them well.
And neither do these people, unless you call a garbage bag a backpack
So how are they fed, housed, clothed, and receive healthcare?
And who pays for it?
"I think that Abbott is treating humans as cattle... but hey I'll let everyone come to their own conclusion."
Biden flies them in, Abbott buses them.
Have you flown lately?
I agree, I think we should start offering a choice of any sanctuary city in the U.S. that they want to go to.
You have 5000.
When you have 1.5 million, you can tell Texans about cattle.
Apparently it's just supposed to be the residents of the southern border states.
Probably the humorous irony of self-proclaimed sanctuary whining when ask to walk the walk.
Again Jack, they are being used as cattle. The fact that you have 1.5 million is a whole different issue. I get your pain, but the way your gov is handling this is just horrible. It is political theater otherwise, he would be bussing them out all over the US and that is not happening.
We are walking the walk. But thanks for joining in on the mockery. I think this is where I bow out. It is a waste of my time.
Most aren't receiving anything. There are some programs for women and children as well as asylum seekers, but the fact is there are millions of undocumented immigrants who work in the US under fake social security numbers so they end up paying taxes and into social security but never withdraw on the benefits.
Economic impact of illegal immigrants in the United States - Wikipedia
15 Myths About Immigration Debunked | Immigration | Carnegie Corporation of New York
Bussing immigrants to DC means that Kamala Harris doesn't have to travel as she focuses on the immigrant crises.
How do they get those fake social security numbers and how do those fake numbers make it through I9 verification?
“…who work in the US…”
For U.S. companies who ignore and flaunt standing immigration employment laws. As always, follow the money.
No...it's very much the same issue. If we only had 5,000 we would just handle it. But we don't.
I don't think you do get it, Perrie. You're getting a tiny fraction of the traffic that we're still dealing with.
To listen to officials in NYC and DC whine, you'd think they were the ones dealing with millions instead of thousands.
That is completely true of legal immigrants. Legal immigrants are a boost to the economy. That's not who we're worried about, though.
Jack, I totally get it. I know we are dealing with a fraction of what you are dealing with. But obviously, this is not an effective method of getting the US gov to do what it should be doing. It is also unfair to pick on just two states to do this to. It's not like NY was badmouthing Texas prior to this.
It was your thoughtful comment that caught my attention to this article. But I have to say, I get why people stay in their own lanes here. There is no consideration to any thoughtful commentary, and I find it very frustrating, especially since I don't seem to fit in anywhere here.
All they had to do was be WHITE for them to enter legally and become citizens.
Again, entering the US to seek asylum is NOT illegal.
False.
So far that's true.
Agree, add San Francisco, Seattle, Portland, LA, Chicago as future destinations. Biden is not going to listen to Repubs, but maybe if enough Dem mayors and governors ask for help, maybe he will listen.
In any way you can illegally or legally, it certainly doesn't seem to matter to the Biden administration.
Maybe, but we certainly have a hard time convincing the vaunted Biden/Harris Administration that there even IS a problem, so not sure Dem mayors and governors will recognize any problems.
I agree with shipping them wherever Dems have instituted sanctuaries for them. The Dem want the problems, give them the problems!
I think it is funny as hell that NYC and DC mayors are whining about it.
So what is the brilliant Biden/Harris plan for deporting all the folks who won't qualify for asylum, as most won't?
I guess it depends on what video or picture you are looking at. I’ve see plenty at the border with backpacks, talking on cell phones and fresh fade haircuts. Mostly military aged males who appear to be alone.
I guess they’ve already sent all the kids they could get their hands on ....
Wrong, they had to be processed through Ellis Island to become legal citizens. They couldn’t just step or swim across a border.
I guess you don’t know much about this topic do you? You should study up on it. You’d be surprised what you would learn.
What about Biden surreptitiously shipping illegal aliens on charter planes and transporting them in the middle of the night to TN, NY, NJ, CT, and other states? In NY alone, they were dropped off at Long Island, Newburgh, and Westchester airports and then bussed to other locations numerous times.
That's approximately 90% of these alleged "asylum seekers" according to CBP and other federal stats.
Does TN have any sanctuary cities?
I don't know, but in 2021, Biden sent charter planes filled with illegal aliens to TN without notifying the governor or any mayors who were affected. Here's one of many articles:
The federal government transports adult detainees in its custody from one facility to another, or from one U.S. city to another during deportation proceedings.
The vast majority of people on the flights are unaccompanied minors who crossed the border, requested asylum under immigration law, and are being released from federal custody to a parent or sponsor.
Some of these flights happen at night, but they are not covert operations. The same types of flights were done by the Trump
A “DOH!” moment for all those bagging on Gov Abbott for doing the same thing.
At least Abbott busses illegal aliens to Port Authority in the light of day and lets Hochul and Adams know what's happening. Biden does it at 2AM and doesn't tell the govs and mayors.
I hear Biden hired a bunch of old Air America pilots to fly those planes.
Thanks.
That remains to be seen. It's only been happening for a short time.
You are home to the Senate majority leader and the most vocal drama queen in "the squad". I'm sure it's designed to encourage their constituents to get their attention.
I know what you mean about not fitting in, and yeah, we certainly have our share of mindless cheerleaders who can't imagine the existence of any person who doesn't fit into their binary definitions.
Thanks, I hadn't seen that.