Texas judges to issue emergency ‘declarations of invasion’ as Biden abandons southern border crisis



Judges from multiple Texas counties are planning to announce they’re issuing declarations of an invasion beginning on Tuesday in response to unprecedented challenges they’re experiencing as a result of escalated illegal immigration under the Biden administration.

County officials will make the announcement at a 3 p.m. news conference held at the Kinney County Civic Center in Brackettville, Texas. The event is not open to the public.

Leading the judges is Kinney County Judge Tully Shahan, who was the first judge to issue a disaster declaration last year over the negative impacts of illegal immigration on his county, prompting other judges to also issue similar declarations. Gov. Greg Abbott later issued a disaster declaration for multiple counties as well.

Kinney County Attorney Brent Smith also has requested that the governor and Attorney General Ken Paxton take steps to act under Article 1 of the Constitution, as have conservative leaders in the state.

Their announcement Tuesday comes after Abbott has taken measures to thwart criminal activity at the border through Operation Lone Star. Since OLS launched last March, state and local law enforcement efforts, working with U.S. Border Patrol, have helped apprehend more than 270,400 illegal immigrants and made more than 16,700 criminal arrests, with more than 14,000 felony charges reported, the governor’s office says. More than 5,600 weapons and $42.8 million in currency have also been seized, and more than 22,700 people attempting to enter Texas illegally have been turned back to Mexico, his office says.

“Operation Lone Star continues to fill the dangerous gaps left by the Biden Administration’s refusal to secure the border,” Abbott said last week of OLS accomplishments. “Every individual who is apprehended or arrested and every ounce of drugs seized would have otherwise made their way into communities across Texas and the nation due to President Biden’s open border policies.”

But counties are calling on him to do more: to declare an invasion and “act under the constitutional authority granted unto him under Article 4, Section 7 of the Texas Constitution and Article 1, Section 10, Clause 3 of the U.S. Constitution and immediately prevent and/or remove all persons invading the sovereignty of Texas and that of the United States.”

“We are taking unprecedented steps with the hope of encouraging Gov. Greg Abbott to acknowledge the existence of an invasion on our border with Mexico and take necessary actions to preserve and protect the sovereignty and territorial integrity of Texas,” Shahan and Smith said in a news release.

The statement also highlights examples of crime that county officials are grappling with.

Last week, armed smugglers pursued by Texas state troopers fired shots into oncoming traffic at civilians, hoping to end the pursuit. No one was injured, they note, but residents could have been killed. In the same week, three foreign nationals involved in a human smuggling operation also were killed after crashing their vehicle.

Last month, law enforcement efforts prevented over 67 smuggling attempts in Kinney County. In May, more than 4,000 “gotaways” were documented evading law enforcement in the county “whose whereabouts are currently unknown,” according to the announcement.

Smith told The Center Square, “Gov. Abbott recently acknowledged the fact that unprecedented times require unprecedented action from both state and local governments in order to protect our citizens. As such, several border counties have taken unprecedented action and declared an invasion on our border with Mexico. This coalition of counties support Gov. Abbott’s efforts and request he stand alongside us and declare an invasion and swiftly act to protect Texas.”

Goliad County Judge Mike Bennet, also scheduled to attend, was among the first to declare a disaster declaration last year. Goliad County Sheriff Roy Boyd, also attending, has been aggressively pursuing cartel-related trafficking activity coming from the border.

While not physically located at the Texas-Mexico border, Boyd argues they’re feeling the effects of open border policies 200 miles north of it. And Goliad, as it did during the Texas Revolution, has an important role to play in defending Texas now, he argues.

“From the time of Texas independence from Mexico until today, Texas has played a key part in American growth and exceptionalism,” Boyd told The Center Square. “The rugged individualist mentality of Texans is what spurs us to take matters into our own hands instead of huddling in the protective shadow of the government waiting for answers and permission that may never come.

“This spirit of independence, along with our sense of duty to our fellow man, is what drives counties such as ours to take bold steps at times like this,” he added. “We are compelled to act within the constitutional limits set by our forefathers in order to preserve the way of life they envisioned and we enjoy.

“We act today, in the face of government complicity, in order to try to ensure that our children and grandchildren are free citizens in the decades to come,” he said. “The Texans at San Jacinto rallied at the cry of ‘Remember Goliad. Remember the Alamo.’ And they were victorious. If we win this war against our freedoms, we will have to add, ‘Remember Kinney County,’ because they have stepped into the void of leadership and stood up for Texas and America when few others were willing.”

Also attending are Uvalde County Judge Bill Mitchell, Uvalde Mayor Don McLaughlin, Brackettville City Mayor Eric Martinez, Kinney County Sheriff Brad Coe, and other city and county officials. Congressman Chip Roy, R-Texas, and former Director of U.S. Citizenship and Immigration Services Ken Cuccinelli, are expected to give remarks.

Matt Benacci, a public information officer with the sheriff’s office who helped organize the event, told The Center Square, “It needs to be stressed that this is not a political rally. This is a gathering of concerned Texas County Judges and others, doing their very best to take concrete steps for the safety of their constituents, and the State of Texas as a whole.”

Neither Abbott’s nor Paxton’s office have responded to requests for comment.

Russ Vought and Ken Cuccinelli with the Center for Renewing America issued a joint statement praising the county judges and sheriffs.

“While our southern border is faced with historic devastation, today, it is met with historic leadership,” they wrote. “For the first time in U.S. history, several counties in Texas, outside of Congress, have declared an invasion – a constitutional solution we have been advocating for over a year.

“While it’s unfortunate the Biden Administration has aided and abetted the destruction at the border and put Americans last on the world stage, we’re proud to stand with the history-making county judges, sheriffs and attorneys who didn’t rely on the federal government, or even the governor, to protect their families, ranches and communities.”

Vought and Cuccinelli also called on Abbott to follow the county leaders’ lead.


  1. Open borders and amnesty are illegal and unfair to the American taxpayers, legal immigrants, and those who have play by the rules and wait to enter the USA legally. According to Numbers USA (for LEGAL immigration only) there were over 50 million illegals in the USA PRIOR to Brandon…..

    Remember, there are already 95 MILLION citizens and legal immigrants NOT working. Any other country invaded by millions of people would have secured their borders and declared war.

  2. Excellent! Now TX can roll out their national guard troops to deploy on the border per the Constitution. The Sloppy Joe feds will sue to shut this down b/c the Dems are anti-Constitution and that’s their track record.

    • Governor Abbott keeps his finger to the wind. He knows exactly what his people want. Because he pays attention.

  3. Outstanding!! I am proud of every Texan that’s willing to stand against the destructive Biden administrations immigration policy in Texas . May Texas be a strong example of states leadership in thrarting Biden’s other policies causing wholesale destruction across the nation!!

  4. Unfortunately it took them a year and a half to do something. Their National Guard – and a civilian militia – should have been there a long time ago. If the Feds won’t enforce existing laws to protect the states, the states owe the Feds NOTHING – and that includes an explanation for why they’re taking it into their own hands. Other states are effected by this influx as the illegals are bused, railed and flown all over the country on our nickel (ala Obama) and all should support Texas and Arizona in their efforts.

  5. Let’s review:
    Article 1, Section 10, Clause 3 of the U.S. Constitution
    “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.”

  6. Human trafficking, the drugs, criminals, and just the people themselves coming in from who knows where. We have no idea who they are, diseases they may carry, weapons, etc. Democrats cry and cry over gun violence but are totally silent on migrants being killed (what was the final count on the semi truck, 53?). Mainstream media is very much to blame here.

  7. @TheMaskedAvenger It won’t be the first time Texans have done this, from the same place and for the same reason. I’m sure they remember how to secede. Beware the State that has been its own country and whose history books in schools are bigger than the US History books. Growing up there Texas history was a 2 semester course. US History…. only 1, and less interesting the way they taught it.

  8. Biden- Harris are traitors. Both hate our country, and both should be in prison. No country can last with open borders. These two assholes let thousands come into the USA daily. These invaders do not speak our language. They carry disease. Many are criminals. They do not share our customs, or values- and their very first act in the USA is to commit a crime.

    Frankly, what Texas is doing is the bare minimum.

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