Ex-Trump officials urge Abbott to declare border ‘invasion’

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Ex-Trump officials urge Abbott to declare border ‘invasion’
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The urging comes as the Republican governor prepares to announce Wednesday “unprecedented actions” to deter migrants coming to Texas.

SAN ANTONIO — Former Trump administration officials are pressing Texas Gov. Greg Abbott to declare an “invasion” along the U.S-Mexico border and give thousands of state troopers and National Guard members sweeping new authority to turn back migrants, essentially bestowing enforcement powers that have been a federal responsibility.

Tom Homan, the former acting director for Immigration and Customs Enforcement under Trump, said at a border security conference in San Antonio last week he had spoken with Abbott but gave no indication about whether the two-term governor supported the idea. Driving the effort on the right is the Center for Renewing America, a conservative policy think tank led by former Trump administration officials. It includes Ken Cuccinelli, an immigration hardliner and former Homeland Security official under Trump. He argued that states are entitled to defend themselves from immediate danger or invasion, as it is defined by the “invasion clause,” under the “states self defense clause.

Asked if he considered what was happening on the Texas border “an invasion,” Abbott did not use those words but said he would be discussing it Wednesday. Emily Berman, who teaches constitutional law at the University of Houston, said the “invasion clause” by proponents is tucked into a broader constitutional assurance that the U.S. must defend states from invasion and domestic violence. Additionally, she said, the “state self-defense clause” says states cannot engage in war-like actions or foreign policy unless invaded.

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