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Opinion: Texas Can Fix the Border Crisis

border crisis
Texas border | Image by EFDN

Earlier this month, President Biden met with Mexican President Andres Manuel López Obrador for summit talks regarding, among other things, illegal immigration and border security. The event was highly stylized, with the usual feel-good photo-ops for the heads of state. On-lookers can be forgiven for suspecting that nothing serious would result.

And they would be right. Political platitudes are not policy.

Meanwhile, far from the Palacio Nacional and the White House, the crisis at our border becomes more pronounced. Drugs, sex trafficking, violence, and illegal immigration have intensified to record-breaking numbers in the past year. In fact, December saw the highest number of illegal border crossings during any month of Joe Biden’s presidency.

There is so much federal intransigence on securing the border that one wonders if this is by design. The results, as they say, speak for themselves, which is why our best hope is for courageous governors and state legislatures tackle the problem head-on.

And this leaves it up to Texas, in particular, to fix what is in effect a national problem. Broadly speaking, we need to proceed on two parallel tracks, both of which have hitherto never been attempted in a serious, concerted fashion.

First, we need to resolve for ourselves, both psychologically and politically, that the border crisis will not end unless we begin putting sincere economic pressure on Mexico—and other Latin American countries—to act as a good-faith partner in respecting national boundaries.

Second, our representatives and governor in Austin need to avail themselves of readily available Constitutional options to defend the state.

With respect to the psychological aspect of the first point, Texans must be clear-sighted in their understanding that the organized crime-backed flow of millions of illegal immigrants over our border is what in any other sane society and time would be labeled an invasion.

This should not be construed as pejorative or histrionic. It is what I consider an apt descriptor of the phenomenon. To tackle this problem, we need to be precise in our language.

Once our situation is understood for what it is, political and economic solutions abound. The general maxim to observe here is simple: stop all incentives that do or could encourage illegal immigration to Texas, while at the same time punishing Mexico for acting as a bad-faith partner.

Everything from E-Verify laws that penalize businesses that employ non-legal workers to a tax on remittances back to Mexico (and other countries) is on the table. In-state tuition for illegal aliens at Texas universities and Medicaid spending on non-citizens having babies in the state should cease. Criminal penalties for any person aiding and abetting illegal entry into the state and civil forfeiture for any persons or organizations providing aid and comfort to illegal aliens or cross-border smuggling, human trafficking, or other transnational crime, should all be seen as avenues worth exploring.

We have the power to disrupt the Mexican economy and force attendance at the bargaining table. Indeed, we use this “soft” tactic every day throughout the world.

For naysayers who would typify this as unduly harsh, understand that the status quo at the border will not change without forcing Mexico to cooperate. As we have seen in recent decades, it will only get worse.

Constitutionally, we also have options. Texas can invoke our power under Article I, Section 10 of the U.S. Constitution. The full text is as follows:

“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.”

Were our governor to—as he should—label the millions of illegal border crossings an invasion, Texas could use the imminent danger and exception rule to do everything from making interstate compacts with other states for border security, to strategically ceasing incoming commercial traffic into Texas, to (most consequentially) repatriating anyone without a green card or citizenship.

Short of this, the Mexican government will not cooperate.

We will never, and let me underscore this, never, amass the force necessary to deal with immigration, if we do not seek recourse to the Constitution.

Many of my friends in the Texas government, among whom I once served, are proud Texans and good patriots. Doubly so our citizens. All of us see and may even comprehend the threat facing our great state, but for various reasons have been content with inaction or halfway measures. 2023 is now upon us. Let’s get to work.

Don Huffines was a former Texas State Senator from 2015-2019. He is the founder of the Huffines Liberty Foundation, a non-profit devoted to advancing the cause of liberty in the State of Texas and educating citizens to hold their elected officials accountable.

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37 Comments

  1. Jim

    Makes sense to me. Do it.

    Reply
    • Djea3

      Texas has already declared an invasion under its Constitution. The United States is BOUND by the Constitution and its laws to defend TEXAS from any invasion, in fact ALL THE STATES ARE SO REQUIRED (remember each state in in fact a Nation as “State” means COUNTRY by definition and the joint protection clauses are implied).
      Texas needs to pass legislation that it can defend its borders with lethal force and begin doing so.

      Just by passing the legislation, the FEDS will close the borders.

      Reply
  2. John Gault

    There is no question that the border crisis is a manufactured one and we all know why.
    Trump had it under control and Biden waisted no time in tearing down the policies that were in place to protect American citizens from the catastrophe that is happening at our border now.
    Biden and his administration are all traitors and should be prosecuted to the fullest extent of the law.

    Reply
  3. Bill

    Great article and Spot On.Why hasn’t Gov Abbott called this an invasion.What is the downside to this? Obviously there is something or he would already have done this.We dont enforce the law on businesses like would could and should. I could tell my local Police of about 10 homes in my city that are full of illegals with no green cards.Our law enforcement is helpless against these illegals. Business are going to hire them especially if they can pay them less. Thats sad.
    We got to this point by voting in this administration so those folks are the ones to blame.Same with the economy and gas prices. You reap what you sow!

    Reply
  4. T G

    “There is so much federal intransigence on securing the border that one wonders if this is by design.” WONDERS???? Oh ya THINK???

    Reply
  5. Robbie

    Don Huffines should run for governor!

    Reply
    • Pap

      I like Governor Abbott just fine. He’s dealing with the mess at the border, arranged by vote to raise the homestead exemption to $40,000 to help people with the out of control property values, along with tons more on his plate. No one ever stops to think that when someone else steps into any political office, they will have to learn the job. That wastes precious time, that, these days, we cannot afford. If your waiting for someone “perfect” to step in, you’re going to have an eternity to wait. It’s like an Aesop fable…expecting someone to please all the people, all the time and have solutions immediately and all at once. That is not humanly possible. It takes time to fight the evil that is trying to destroy this country.

      Reply
      • gypsy

        why do we have over million illegal aliens that we have counted that is not knowing what we did not catch. now the traitor john c is wanting to offer amnesty to all who are here now. this must not happen

        Reply
  6. Keepin it real!

    Don Huffines is a right-wing nut job. The only way to stop the flow of economic immigrants to the US is to improve their local economies and reduce local gang violence caused by the demand for illegal drugs THAT IS BEING DRIVEN BY DRUG-TAKING AMERICANS!

    Why do you think these people are trekking thousands of miles with their babies and small children if they could live peaceful and prosperous lives at their home??

    Get a freaking brain!

    Reply
    • Robert Miller

      Aside from some crappy conditions back home. These people are coming for the free govt benefits. It is not our job to make their economies better. We need to take care of our own first. They need to be cut off from the freebies and many will self deport.

      Reply
    • Dwayne

      That’s their problem. We have enough of our own and if you don’t like it….welll.

      Reply
  7. janderson

    I would like to know the true statistics on the actual % of illegal immigrants that cross the border and also the number that are actually involved in criminality.

    Reply
    • Anna Williams

      The amount of people who entered the border was down 40%. Americans are building homes in Mexico and have work Visas. Ask Ford, Mrs. Braids bakery, GM and plenty of Computer companies, they all includes are leasing their homes to American’s and other citizens from different countries.

      Have you seen who these people who are working on highways are. They are immigrants, building homes, Restaurants, Shops and Roofing. Why don’t you call “ICE
      and have them picked up. I forgot about the casino’s that are being built on 75 and 35. From the Texas, Louisiana and Kansas.

      Some of you go up and down the highways spending money. Go to Church, not the Casinos.

      Reply
  8. Pap

    Nitpicking a bit here, but your first words are “Earlier this month…” . This article is dated February 2. Biden went to Mexico in January. I suppose you meant “Earlier this year”. Proofreading is important, especially in journalism.

    Reply
    • Anna Williams

      I said what I said, the statistics were for the month of January. I know this is February research it.

      Reply
      • Pap

        My comment was for the Dallas Express author, not you. Duh. Read the first line of the article, then note the date.

        Reply
        • Anna Williams

          Duh is as ignorant as one person speaks to another. Even if it’s the Dallas Express, one of the best reporting.

          Reply
      • Pap

        My post was not a response to you but was about the artcle itself. READ

        Reply
    • Dan H

      Your point is well taken, however what is your thoughts on the article

      Reply
      • Pap

        Made some very good points. However, the leaders presently in Washington don’t respect the Constitution nor any of the citizens and they will try to trip the states’ efforts any which way they can. Anyone who thinks it’s okay for foreigners to just waltz into this country are beyond crazy. States having to spend enormous amounts of their time and money to fight the leftist lunacy is appalling. It is the responsibility of the FEDERAL government to protect our borders and they are intentionally not doing it to bring about their evil scheme. Democrats have always been about power, going back to the dem slave owners. The only safety they care about is their own, as is proven by the “moat” they put around OUR white house. And there ya go. Answer your question?

        Reply
  9. Brotherap

    You can always depend upon some vicious ignorant remark from some paranoid character in Texas to address the border crisis, and coming from a local politician is typical as this recommendation is. Misstating the root of the problem with vituperous venom and cloaking it with allegations of all being rooted in criminality is simply a lie. It only serves to befuddle the reader who might be attempting to comprehend where the genesis of the problem lies and what can and should be done to mitigate the problem. Pissing off our Latin neighbors with feeble minded punitive solutions lathered with foolish impotent Texan bravado certainly is no worthwhile method of addressing the problem. Arguably our US greed, ambivalence, and arrogance is just as much the cause of the social disaster as anything else and neither the Mexican government or other Latin American governments any more than the US government appear able and ready to get a handle on it.

    We have been told now our excessive burning of carbon fuels for the last 45 years would be harmful and detrimental to our environment. Is it any wonder that after showing ambivalence for 45 years we now reap what we have sown for that period of time? When the environmental scientists were warning us and predicting the time period that we had to address the physical problems we were causing did we really listen? It does not seem like it, beyond simply a gratuitous placebo amount of consideration. We have been causing the inability of our lands to produce to sustain our populations on this North American continent by over-heating the atmosphere and shifting the earths jet stream patterns that bring nourishing rain at appropriate times of the year. We simply arrogantly ignored the problem and even built larger carbon fuel guzzling vehicles and machinery. We never want to listen to science until the problems that we cause finally arrive at our door step, and like a bunch of fat rats the well-heeled scurry to the top of the mast on board a sinking ship as if that will be their ultimate salvation and blaming those drowning on deck below. However, screaming and hollering at those below is not going to save your behind from a sinking ship if you fail to become proactive in solving your problems.

    If you would open your humanitarian eyes and become positively proactive in taking the lead and be as big in that vein as you want to be in projecting the typical larger than life beligerent Texas image it might assist in solving this problem. In taking the lead as the benefactor to establish the whole North American basin as a CommonWealth of the United States could attract the other nations of the OAS and have a positive impact upon applying the resources of the US government, the UN, and other global agencies to better solve this problem.

    People simply want to eat and make more than a subsistance living to care for their families in regions of our continent effected by problems we helped to create. For example, if we can’t use the worn out land why can’t we set up gigantic (Big as Texas) hydroponic farms that employ a massive work force in the regions of Latin America. Certainly that is not the only solution to a problem driven by a number of forces, but it is certainly a start and if the US, OAS, and UN could provide security for the area factor analysis suggests to me at least that people at the US border just might turn around and want to go back home to industry and opportunities surrounding such industry that provides hope and a guaranteed living wage.

    If a border wall is what some of you think will be your psychological pacifier, I’m not against you engaging in that folly either all the way across the 2000 mile southern border of America with Mexico if you think that will make you sleep better. At approximately $50 million per mile now, that would project it would cost north of $100 billion to build. However, the US government has spent about $68 billion now assisting Ukraine which is possibly in their interest to do. So, given our generosity a border wall for some could arguably be justifiably built. However, a border wall alone is not going to wall out the problems of societal dissintegration in these countries adjacent to us due to problems that we the US helped to cause.

    Afterall, we have interferred in the politics of these nations for the last 150 years. We sent the Marines to Latin America’s Nicaragua in the past when the laborers wanted better pay for picking our cheaply priced bananas for poverty level pay. When we decided we did not want our ships having to travel all the way around Argentina’s Cape Horn to sell West Coast produce to Europe we made Panama a strong arm proposition they could not refuse. We, with the US Army Corps of Engineers took over the dredging of land that would ultimately shorten that distance and become the Panama Canal that became a US controlled territory on their sovereign shores.

    Thus, we have the ability and the resources to take the lead and to do what is in the best interest of all of the humanity within the North American basin and as Texans we should begin to extend our helping hand to show others the way it can get done and I don’t mean extending the back of our hand.

    Reply
    • Janet

      Thank you, thank you, thank you for this comment. Better than the article itself! The politicians in Texas are so busy trying to score political points and point fingers that nothing is getting accomplished.

      Reply
    • Jean Russell

      My family originally came from another country – the legal way. Come legal and there will not be a problem. Refusing to become a Citizen, learn our language, etc – stay in your country.

      I believe they need to hang onto their traditions as best one can in a new country, but as my grandfather said, “we are making this our home, and Americans we will be.”

      The problem is the free stuff that many of our working citizens are denied, many of them get and have never paid a penny to our country.

      Elderly people that have worked their entire life can not afford medicine, healthcare, property taxes and food. Have to chose which to do with out.

      Illegals come and pack 5 families into a 3 BR house. Expect us tax payers to teach them, using their native language.

      And I could go on and on. Bottom line is – come to America do it legally. Become a citizen, accept our way of life. Or go back to your home land.

      Reply
  10. Robert Hernandez

    The demon-crats have made this invasion by design. The more illegals they can get into America, the the demon-crats will get to vote for them.

    joke biden could careless how many illegals come in. As long as they vote demon-crat.

    Reply
    • Anna Williams

      Mr. Hernandez the majority of the people who migrate to the United States vote Republican and you know that.

      They put white on their drivers license. You are lying and you know it. Very few Vote for democrats. They miss out on opportunities too have more representation. Check yourself you would never vote for a minority.

      Reply
      • Janet

        Don’t confuse him with the facts! He doesn’t want to know.

        Reply
  11. athinkingwoman

    I voted for Don Huffines for
    governor of Texas. This plan was part of his platform. Abbott played the Biden card by hiding from the election and not debating the issues. He is not breaking any campaign promises because he made none. Now he is talking a lot for the media hype. But nothing substantial has been done to stop the invasion. I would guess that more illegals cross in one day than Abbott has bussed to sanctuary cities altogether.
    If not Huffines for governor of Texas, how about DeSantis???

    Reply
    • Anna Williams

      There is know invasion, they have been building the wall for over a 100 years and has wasted trillions of dollars. Abbott just hired a Czar to take care of the wall. Has no construction skills. A border patrolman.

      DeSantis is one of the most racist human being on earth. Another one who thinks he is white. He is worst than Trump, take a way human rights. and destroy history of black and brown Americans, who have built this country.

      Reply
    • Anna Williams

      No invasion just people who want too work. If Americans stop using drugs maybe they can find the job. I guess you didn’t know that the first solider to die in the Iraq Surge started by Former George Bush . Former Rick Perry gave his family his Citizenship papers. Undocumented but fighting for America, he was from Mexico.

      Reply
  12. GernBlanston

    Democrats want open borders & if they keep getting elected we will keep having open borders. One day this won’t be our country. Imagine being deported from the USA by the cartel & the Democrat party.

    Reply
    • Anna Williams

      The border has been open for over a hundred years. This State is Run by a Republican Administration. Not by so called Liberal Democrats but you want to put all the wrong’s on Democrats.

      Do you remember the last time we had a Democrat Governor. A first grader knows that. Of course it not Abbott, Patrick and Paxtons fault, it’s those damn Dems.

      Reply
      • Jean Russell

        It is BOTH Republicans and Democrats fault as playing politics is more important than working TOGETHER for solutions. Also half way through a term instead of serving “We The People”, they worry and care more about getting re-elected. POLITICIANS are at FAULT!

        Reply
  13. gypsy

    MOST OF TEXAS VOTED FOR CONSERVATIVE republicans and now your vote put a rino in charge to seat democrats to chair committees . we all make mistakes you can correct this mistake and remove dade as speaker and put a true conservative as speaker.

    folks do our children count because they are under attack, our votes do not count just fake ballots, we still do not have justice

    Reply
    • Anna Williams

      Sometimes you need a RINO, bring them on so your relatives can stay warm. Love me some RINO’S, thank you God!

      Reply
  14. Dave Brown

    Thank God for those who want to keep American’s safe.

    Reply
  15. Dan H

    Thanks for the comments. I believe we need to govern ourselves. Leaving the US is the only way 65-70% of Texans will ever be happy again. Dems and Repubs both should agree we need to resolve our issues in ATX not DC. TNM.Me
    God Bless and live in peace.

    Reply
    • Anna W.

      Pack your bags sweetie I am not leaving. Republicans are already going across the border. Building homes there, working with their swim suits on, while Mexican women take care of their children, cook and clean.

      Then come back to the US and collect their checks and renew their work visas.

      While the poor work for $10.00 and these greedy people live the life.

      Reply

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