Under President Trumps leadership, have plummeted to historic lows and the rule of law has been restored to communities across the country. This is much-needed relief from the open-border chaos and lawlessness we endured under the Biden administration, but Congress would be foolish to think this problem is solved for good.
Weve seen the consequences of a federal government that abdicates its first and most important responsibility â providing for the common defense â and, if the past is prologue, we know exactly what we can expect from future Democrat administrations that want to take us back.
For four years under Biden, millions of illegal aliens flooded our borders, drug and human trafficking surged, and our communities were overwhelmed. And when Texas stepped up to protect its citizens, the federal government didnt just fail to help â it actively obstructed. When Texas deployed buoy barriers, the administration sued. When the state installed razor wire, federal agents cut it. When Texas passed laws to enforce immigration policy and restore order, the Department of Justice challenged those efforts in court. The Biden White House used every tool at its disposal to keep the border open and leave states defenseless.
That raised a fundamental question â one that, despite the current successes of President Trump, promises to return under future administrations: Can a state defend its border, protect its citizens, and enforce the law when the federal government fails to do so?
Fortunately, the Constitution answers that question.
Article IV, Section 4 guarantees the federal government “shall protect each [state] against Invasion.” But the Founders also understood that this duty might not always be fulfilled, which is why Article I, Section 10 preserves the authority of states to act in self-defense when they are “actually invaded” or “in such imminent Danger as will not admit of delay.”
The right of a state to defend its people is not a novel theory â it is one the Framers explicitly provided for in the Constitution. That is why I introduced H.Res.50, a resolution endorsed by and supported by a broad coalition of policy leaders, legal scholars, and law enforcement officials across the country. It affirms the constitutional authority of states to defend themselves and clarifies Congresss understanding of when that authority applies.
This resolution does not expand state power or diminish federal authority. It reinforces the constitutional balance and provides the clarity that has been missing when it matters most.
Biden-era legal battles between Texas and the federal government exposed how ambiguity can be used to block states from acting, even in the face of clear and imminent danger. Should these issues arise again under a future administration â and they will â the Supreme Court will look to Congress for guidance on what constitutes an “invasion” or “imminent danger.”
H.Res.50 provides such guidance by establishing congressional intent and ensuring we do not leave states defenseless when their federal government abandons them.
This is not a theoretical exercise. It is about what happens the next time Washington fails. We cannot assume that future Democrat administrations will maintain the same commitment to border enforcement that we enjoy today under President Trump.
We have a responsibility to act now. The American people gave unified control of Washington, and Congress has the opportunity to ensure that states like Texas are never again forced to be passive victims of a failed federal government. We must meet this moment with the urgency it demands.
