Texas Governor Greg Abbott is weighing a plan to invoke real war powers by declaring an “invasion” at the US southern border to get around a clause in the US Constitution.
Abbott could declare an invasion to comply with a clause in the US Constitution which prohibits states from engaging in war unless they were “actually invaded.”
Lawyers for Abbott and Texas Attorney General Ken Paxton met earlier this month to debate the plan, which would directly challenge the federal government, the New York Times reported. It would allow Texas state police to arrest and deport migrants, two people familiar with the discussion told the paper.
“If we do use this strategy, it could expose law enforcement in the state of Texas to being prosecuted,” Abbott said during a press conference last week, confirming that he was “looking into” the idea.
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