The Huffines Liberty Foundation is calling on the State of Texas to wage “economic war” on Mexico until the Mexican government secures its side of the border.

“The cartel-controlled Mexican government is working in tandem with the United States federal government to flood Texas with millions of illegal aliens from over 160 countries,” a press release from the right-leaning organization claims. “The border crisis is leading the way toward the collapse of the rule of law — and is designed to turn Texas blue, ensuring the Democrat Party never loses the presidency and control of the free world.”

The statement then took aim at the Mexican government, which it described as “cartel-controlled.” It presented the case that Mexico should not benefit from positive trade relations with Texas while its government officials also profit from allowing illegal activity to flow across the border.

It further elaborated that former President Donald Trump had been successful with a policy similar to what the foundation was advocating for. The statement noted that Trump levied tariffs against Mexico until the two countries “reached an agreement for Mexico to step up immigration enforcement and take in more illegal aliens waiting for their U.S. asylum hearings” in 2019.

The policy purportedly led to a decline in U.S.-Mexico illegal border encounters “by more than half,” according to the foundation.

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Then, the statement got down to the brass tacks, enumerating the steps the Huffines Liberty Foundation would like the State of Texas to take. There were four major points:

  • “Crush the Tourism Industry in Mexico.
  • Stop, Search, And, if Necessary, Seize All Trucks, Commercial Aircrafts, and Other Shipments Transiting the US-Mexico Border Through Texas.
  • Establish Border Security Inspection Reimbursement Fee.
  • Ban Remittances to Mexico and Other Foreign Nations from Illegal Aliens.”

In the two-page policy statement, the foundation argued for various legislative actions, invoking Article I, Section 10, Clause 2 of the United States Constitution to give strong legal backing to its policy proposals. Article 1, Section 10, Clause 2 is also commonly known as the “invasion clause” or the “state war powers” clause.

The full text of the clause reads, “No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing its inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.”

It is part of a set of larger powers granted to the states by the founding fathers when states are “actually invaded” by a foreign power and the federal government, for whatever reason, has failed to protect them.

Invocation of the invasion clause has been supported by prominent figures such as Arizona Republican Senate nominee Kari Lake, as well former Virginia Attorney General Ken Cuccinelli in the briefs he wrote supporting Texas’ legal case for placing concertina wire on the border at Eagle Pass.

The Hufines Liberty Foundation was founded in 2022 by Don Huffines after his departure from the Texas state senate in 2019.

“The Huffines Liberty Foundation is a 501(c)(3) non-profit, non-partisan research institute. Our mission is to advance the cause of liberty, prosperity, and virtue in the State of Texas by educating citizens so they may hold their elected officials accountable. We look beyond the obvious and develop researched solutions based upon the common sense liberty principles of individual rights, fiscal restraint, personal responsibility, limited government, and social conservatism,” the bottom of its policy papers read.

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