Biden should know better than to start a fight with Texas

This commentary was written by Don Huffines exclusively for The Telegraph and published here.

There is a constitutional crisis brewing in America, and the epicenter of the fight happens to be in my home state, Texas. The events in the coming weeks and months will reshape the power of the states vis-à-vis the federal government.

The facts are simple enough. We infamously share a 1981-kilometer border with Mexico. Illegal immigration, always a socioeconomic problem, is approaching a crisis point. Just last month, a historical record-breaking 300,000 illegal immigrants were processed. It is an invasion, parallel to what is occurring in parts of Europe. 

I challenged our Governor, Greg Abbott, in the last election two years ago because he has failed to secure our border. I hammered home the idea of using the US Constitution to declare an invasion. Since the campaign, he has been more motivated to act. He recently instructed the Texas National Guard to set up concertina wire in select areas. 

The Biden Administration bizarrely, if predictably, thought otherwise. The case was taken to the United States Supreme Court, and in a narrow 5-4 decision, granted the federal government permission to clear the wire.

In the United States, the president has a constitutional duty to uphold federal laws protecting States from an invasion, including current immigration law. The bald fact of 6 million illegal immigrants crossing our southern border in three years should indicate to any reasonable human being that an oath is left unfulfilled.

Governor Abbott finally invoked Article I., Section 10 of the US Constitution, officially declaring an invasion and granting us the means to defend and protect ourselves. Our Constitution is the supreme law of the land and, in theory, supersedes federal statute.

To all this, I say: “Well and good, Governor. Now let’s see you execute it.” While Texans wish him success in the execution of his constitutional struggle, it is naïve to believe the border problems will disappear simply through beating the federal government in court. The truth is that the federal government has never sufficiently secured our Southern Border.

There is no constitutional crisis unless the Governor moves on the powers he invoked. Without action, the events of the last few weeks have been pure political theatre. And what action looks like in the eyes of  Texans is simple: first, make clear what is forthcoming. No vague allusions, no pulling punches. Next, solicit, if necessary, support from other states to work alongside state and national guards. 

Already Texas has the support of many states in this showdown, which is gratifying to see. But the issue will not be solved without bold leadership where Texas takes our constitutional authority to its fullest extent and actually acts as necessary to halt the inflow of illegal migrants across our southernmost border.