Rep. Babin Introduces Resolution Affirming States' Right to Defend Borders

Illegal border crossings have dropped to historic lows under President Trump, restoring order to communities after years of chaos under the Biden administration. Congress must not assume the issue is permanently resolved.

The federal government's failure to secure borders during Biden's four years allowed millions of illegal aliens to cross, fueling surges in drug and human trafficking that overwhelmed communities. Texas acted to protect its citizens, but the administration obstructed those efforts. Federal officials sued over buoy barriers in the Rio Grande, cut razor wire installed by the state, and challenged Texas immigration enforcement laws in court through the Department of Justice.

Such actions prompted a key question: Can states defend their borders and enforce laws when the federal government does not? The Constitution provides an answer.

Article IV, Section 4 requires the federal government to protect states against invasion. Article I, Section 10 allows states to act in self-defense if actually invaded or facing imminent danger that demands immediate response.

Rep. Brian Babin, R-Texas, introduced H.Res.50 to affirm this state authority. Every Texas Republican in Congress endorsed the resolution, along with policy leaders, legal scholars and law enforcement officials nationwide.

The measure does not expand state power or reduce federal authority. It clarifies Congress's view on when states may act, addressing ambiguities exposed in Biden-era legal fights between Texas and Washington.

Future disputes will require Supreme Court guidance on terms like 'invasion' or 'imminent danger.' H.Res.50 establishes that intent to prevent states from being left defenseless if the federal government abandons border duties again.