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Posts tagged ‘Title 42’

Texas Counties Say the Border Crisis Is An ‘Invasion.’ They’re Not Wrong


REPORTED BY: JOHN DANIEL DAVIDSON | JULY 06, 2022

Read more at https://thefederalist.com/2022/07/06/texas-counties-say-the-border-crisis-is-an-invasion-theyre-not-wrong/

Border wall

The move was meant to pressure Texas Gov. Greg Abbott to take direct action to secure the border. The question is, will he?

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Ahandful of Texas counties on Tuesday declared the ongoing border crisis an “invasion” and called on Texas Gov. Greg Abbott to do the same, citing constitutional authority for states to act in self-defense in the face of federal inaction.

Speaking in rural Kinney County, which includes a stretch of the U.S.-Mexico border, officials from Kinney, Uvalde, and Goliad counties said the Biden administration has refused to secure the border and enforce the law, and that although Abbott has done much to support local communities in south Texas most affected by the crisis, he needs to do more. Namely, he needs to follow their lead and declare an invasion.

County officials of course can’t do anything about illegal immigration on their own, but their argument is that Abbott, as governor of Texas, can. They cite Article I, Section 10, Clause 3 of the Constitution, which says that states can’t do things like conduct foreign policy or engage in war, “unless actually invaded, or in such imminent Danger as will not admit delay.”

Those three words, “unless actually invaded,” are the crux of the argument. The idea that states have the constitutional power to act on their own to enforce immigration law and police the border has been gaining ground for some time now. Former Trump administration officials such as Russ Vought and Ken Cuccinelli, both now at the Center for Renewing America, have made a case for unilateral state action on the border. 

Cuccinelli, former acting deputy Homeland Security secretary under Trump, was at the press conference on Tuesday in Texas. “This is the first time in American history that a legal authority has found, as a matter of law, that the United States is being invaded,” he said, later adding, “What we’re talking about is an operation that looks a lot like Title 42.”

That is, declaring an “invasion” means that state law enforcement, at the direction of the Texas governor, would directly arrest and expel to Mexico illegal immigrants in much the same manner as Border Patrol and U.S. Customs and Border Protection does now under Title 42, the pandemic health order that allows federal authorities to expel illegal immigrants with minimal processing.

So far, Abbott has been reluctant to take this route, instead attempting lesser measures such as arresting and prosecuting illegal border-crossers for criminal trespass or ordering onerous state inspections at ports of entry as a way to pressure his Mexican counterparts into stopping migrants in Mexico before they cross the border.

These lesser measures, however, haven’t done anything to stem the flow of illegal immigration, which continues, month over month, to set new records. Perhaps it’s time for Abbott to listen to these local officials, and also to people like Rep. Chip Roy, R-Texas, who was also at the press conference Tuesday and said, “We should declare an invasion and, as Texas, turn people away.”

Arguably, Abbott already bought into this more expansive constitutional interpretation of state authority when he struck security agreements with the governors of the four Mexican states bordering Texas back in April. (Never mind that the agreements were mostly for show, given the corruption of Mexican officialdom in these states.) After all, Article I, Section 10, Clause 3 of the Constitution says that states are not allowed to “enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded.”

By entering into security agreements with “another State, or a foreign Power,” it would seem Abbott has tacitly acknowledged not only that his state has been “actually invaded,” but that he has the constitutional authority to act in its defense. If that’s the case, why not take the next step and avail himself of the considerable law enforcement (and military) resources at his disposal to secure the border and expel illegal immigrants?

Maybe Abbott, secure in the state capital of Austin, is just taking longer to reach this conclusion than the people of south Texas, who are bearing the brunt of the border crisis. Indeed, among the hundreds of thousands of people crossing the border illegally every month now are a not insignificant number of people who do not want to be arrested, and whose presence on U.S. territory could reasonably be considered hostile. Unlike the migrant families who turn themselves in to the first Border Patrol agent they see, these people often attempt to evade the authorities, which gives rise to things like high-speed chases through small towns and over private lands. Across Texas border communities, this has become a serious and worsening problem since President Biden took office.

Some of those chases end in damaged property; some end in fatal car crashes. Sometimes the attempt to evade detection ends not with a chase but a horrifying tragedy like the one in San Antonio last month, where 53 migrants were found dead in a tractor-trailer.  

Corporate media outlets, to the extent they cover the border crisis at all, will likely only mention efforts to declare the crisis an invasion in order to mock it or smear the people arguing for it as racists and bigots. But it is not some crackpot idea. In February, Arizona Attorney General Mark Brnovich issued a legal opinion affirming that the border crisis constitutes an invasion and that the governor of Arizona, Doug Ducey, has the authority under the Constitution to secure its border with Mexico.  

In his legal opinion, Brnovich argued that the meaning of the word “invade,” as used in Article I of the Constitution, “covers the activities of the transnational cartels and gangs at the border—they enter Arizona ‘in [a] hostile manner’; they ‘enter as an enemy, with a view to … plunder’; they ‘attack,’ ‘assail,’ and ‘assault’; and they ‘infringe,’ ‘encroach on,’ and ‘violate’ Arizona.”

Ducey, like Abbott, has thus far balked at the idea of using state law enforcement to police the border directly. But as the crisis drags on, each month breaking the previous month’s record for arrests, border-state governors might be forced to test the limits of their authority. The incentives to do so are only going to mount as the crisis worsens.

And anyway, if there’s a constitutional question to be settled here, why not step forward now, set down a marker, enforce the law, and see how it plays out? If states really have no power to repel an invasion, no ability to defend their people and police their borders in the face of federal inaction, then we might as well admit now that we no longer live in a constitutional republic, and that states, whatever they once were, have been reduced to nothing more than administrative units of a centralized regime in Washington. There’s a word for such a political arrangement: empire.


John Daniel Davidson is a senior editor at The Federalist. His writing has appeared in the Wall Street Journal, the Claremont Review of Books, The New York Post, and elsewhere. Follow him on Twitter, @johnddavidson.

Today’s Politically INCORRECT Cartoon by A.F. Branco


A.F. Branco Cartoon – He Keeps Blowing It

A.F. BRANCO | on June 9, 2022 | https://comicallyincorrect.com/a-f-branco-cartoon-he-keeps-blowing-it/

Biden keeps playing the song that attracts illegal immigrants along with fentanyl, human trafficking, crime, etc. across the border.

The Pied Biden Piper
Political cartoon by A.F. Branco ©2022

DONATE to A.F.Branco Cartoons – Tips accepted and appreciated – $1.00 – $5.00 – $25.00 – $50.00 – $100 – it all helps to fund this website and keep the cartoons coming. Also Venmo @AFBranco – THANK YOU!

A.F. Branco has taken his two greatest passions, (art and politics) and translated them into cartoons that have been popular all over the country, in various news outlets including “Fox News”, MSNBC, CBS, ABC, and “The Washington Post.” He has been recognized by such personalities as Dinesh D’Souza, James Woods, Sarah Palin, Larry Elder, Lars Larson, Rush Limbaugh, and President Donald Trump.

U.S. Special Forces Veterans Rescue Afghan Family Biden Abandoned, Reunite Them with American Father


REPORTED BY: JORDAN BOYD | APRIL 29, 2022

Read more at https://thefederalist.com/2022/04/29/u-s-special-forces-veterans-rescue-afghan-family-biden-abandoned-reunite-them-with-american-father/

family silhouette

It had been more than a year since Hashmatullah Niazy, a U.S. citizen, last saw his wife, Freshta, and four young children when they finally reunited in Austin, Texas this month.

Author Jordan Boyd profile

JORDAN BOYD

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While thousands of illegal immigrants pour across the southwest U.S. border daily, Afghan refugees abandoned by the Biden administration during the Afghanistan withdrawal are still struggling to gain legal entry to the United States.

It had been more than a year since Hashmatullah Niazy, a U.S. citizen who emigrated from Afghanistan, last saw his wife, Freshta, and four young children when they finally reunited in Austin, Texas this month. Niazy became a U.S. citizen in 2020 through the Special Immigrant Visa program after working as a translator for the U.S. military in Afghanistan. He began translating and training recruits at the Kabul Military Training Center in 2007 after his older brother died in combat while working with special forces. When Niazy obtained his U.S. visa in 2014, he resigned from his job and flew to the states. 

Niazy told me he wanted to bring his family over with him, but every time he tried to initiate the immigration process, his wife was pregnant and wanted to avoid strenuous travel. Freshta and the children eventually joined the backlogged SIV immigration process before the Taliban took over the country, but their quest for permanent U.S. residency was derailed when President Joe Biden initiated the disastrous withdrawal from Afghanistan last fall.

I first reported on Niazy’s family situation in September 2021 when his brother, wife, and kids were all stranded in a Taliban-infested Kabul. At the time, Niazy was already in the United States, working nights and eagerly building a life for his family in Texas. But his excitement for his family’s new life in America was blunted when he realized they might not make it past the crowds at Hamid Karzai International Airport in Kabul to get on an evacuation flight out of Afghanistan.

“Suddenly the Taliban took over the country and now we were like lost,” Niazy told me.

That’s when “angels from the sky” came in.

The Escape

After weeks of chaos at the Hamid Karzai International Airport, where some translators and their families were among the more than 200 people killed by a suicide bomber on August 26, Freshta and the kids, ranging in age from 3 to 12 years old, finally escaped Kabul at the end of September with the help of a large group of former U.S. soldiers, some trained in special operations.

Jim Young, Dan Fickel, Keye Perry, Joe Penkala, and another man named “Tom,” who is still in active government service and declined to give his last name, all graduated from West Point in 1994. When they saw the crisis in Afghanistan, they banded together to do everything they could to rescue Americans and Afghan allies the Biden administration had left behind. They enlisted the aid of several other former service members including Ryan Timoney, West Point class of 1993 graduate Dave Abrahams, retired Special Forces officer Matt Coburn, former Acting Secretary of Defense Christopher Miller, and Helen Jbeily of California Republican Rep. David Valadao’s office to actively shepherd Freshta, her brother-in-law, and her kids to the overcrowded, dangerous airport for evacuation while avoiding the Taliban as much as possible.

I talked to Penkala, a retired U.S. Army officer, about the rescue efforts after the Niazy family’s first attempt to seek evacuation at the airport.

“We had sort of an up and down type of situation, even after we had taken over his case, and had managed to get the family back to [the airport]. And it was through no small effort on the part of some folks from the Special Operations community, one individual in particular who was retired,” Penkala told me over the phone. “We actually got them to the North Gate [of the airport] so this is the second time they had made it to the airport. And even though there was an obvious way to bring them in, frankly, they were still left stranded. Nobody would open the gate for them even though at one point we only had about 25 people in front of the North Gate.”

At one point, Penkala told me that, “the Taliban began beating some of the local Afghans,” forcing the on-the-ground rescuers to adapt as the Niazy clan retreated to their apartment.

During that time, Niazy said his wife “never lost her courage.”

“There was the time that I lost my hope. That was the time when my wife said ‘It’s okay. Whatever it takes me to get my kids to their dad, I will do that,’” Niazy said. “So that was a time when she gave me the courage, she gave me the hope and I needed it.”

Efforts to orchestrate the evacuation of the Niazys and hundreds of others from the clutches of the Taliban were largely funded by one of Young’s business partners, Zekelman Industries out of Texas, which donated $1 million out of the $1.1 million required to reunite the Niazy family and other refugees after another sponsor backed out.

After days of chaos, the Niazy family and 528 other American citizens, legal permanent residents, their spouses, and their children were finally able to flee Afghanistan unharmed.

“We’re so thankful for all these great humans. From God first and then from all these humans that helped me and came into my life, me and my wife,” Niazy said.

Evacuation Was Only The Beginning

Even though the Niazy family applied to permanently rejoin the head of their household in the United States, it was a long and difficult process between September of last year and early April this year, when they were finally permitted to set foot on American soil.

“This was a family who was already in the process and had paperwork prepared. And, frankly, the wife was married to a U.S. citizen. This is the immediate family of a United States citizen and it took private efforts,” Penkala said. “And once we got them out of harm’s way, it took an additional five months to come into the country.”

During that time, Freshta and her children were at a refugee camp in the United Arab Emirates. While the family was safe from the dangers the Taliban posed to them, they were stuck in limbo and at the mercy of the American bureaucracy.

Penkala said “there were some folks who were kind enough to work through their connections to get them some additional food and supplies and that type of thing” but that didn’t help reunite the family.

Niazy admitted that the experience induced many “sleepless nights” for him as he anxiously waited for the green light. In total, it took more than five months for Niazy, an American citizen who served with U.S. forces in combat, to legally relocate his wife and kids to Texas.

The American Dream

The Niazy family may have had to jump through multiple hoops that illegal immigrants at the Southern border don’t, but a lack of help from the U.S. government hasn’t hampered their enthusiasm for the American Dream.

While Niazy works as an engineering technician, Freshta and the children are acclimating to their new lives along with Niazy’s parents, who also emigrated to the United States. Once the family moves to a new apartment, three of the four children will start attending school. 

In just a couple of weeks, Freshta and the Niazy children are expected to receive their Social Security numbers. But for now he is thankful that his immediate family made it to a free country where his daughters can attend school.

“It’s the teaching of our parents that wherever you live, treat it as your home, keep it clean, and keep the environment clean and also treat your neighbors good,” Niazy said. “With this [Taliban] regime, no one is happy and everybody lost the hope that [Afghanistan] will ever be a free country.”

When I video chatted with the family last week, Niazy had just woken up after working a night shift at his engineering job and Freshta was preparing food in the family’s apartment kitchen. The children were happily chattering with each other as they played with toys. The youngest one gave me a shy wave.

“This is a beautiful life,” Niazy said as he bounced his daughter on his lap. “I’m very excited and very happy. And I am praying for those who helped me, these beautiful humans in my life.”


Jordan Boyd is a staff writer at The Federalist and co-producer of The Federalist Radio Hour. Her work has also been featured in The Daily Wire and Fox News. Jordan graduated from Baylor University where she majored in political science and minored in journalism. Follow her on Twitter @jordanboydtx.

Today’s Politically INCORRECT Cartoon by A.F. Branco


A.F. Branco Cartoon – Old Yeller

A.F. BRANCO | on April 28, 2022 | https://comicallyincorrect.com/a-f-branco-cartoon-old-yeller/

Biden ending tile 42 is sending a loud and clear message that the border is wide open to all.

Ending Title 42
Political cartoon by A.F. Branco ©2022.

DONATE to A.F.Branco Cartoons – Tips accepted and appreciated – $1.00 – $5.00 – $25.00 – $50.00 – $100 – it all helps to fund this website and keep the cartoons coming. Also Venmo @AFBranco – THANK YOU!

A.F. Branco has taken his two greatest passions, (art and politics) and translated them into cartoons that have been popular all over the country, in various news outlets including “Fox News”, MSNBC, CBS, ABC, and “The Washington Post.” He has been recognized by such personalities as Dinesh D’Souza, James Woods, Sarah Palin, Larry Elder, Lars Larson, Rush Limbaugh, and President Donald Trump.

Breaking: Court temporarily blocks Biden admin from dropping Title 42 restrictions at the border


Reported by CARLOS GARCIA | April 25, 2022

Read more at https://www.conservativereview.com/breaking-court-temporarily-blocks-biden-admin-from-dropping-title-42-restrictions-at-the-border-2657212527.html/

Missouri Attorney General Eric Schmitt said Monday that a court had issued a temporary restraining order against the Biden administration plan to end Title 42 restrictions at the border. The policy had been previously scheduled to end on May 23.

“In a lawsuit originally filed by Missouri, Louisiana, and Arizona, our Office just obtained a temporary restraining order to keep Title 42 in place,” tweeted Schmitt.

“This is a huge victory for border security, but the fight continues on,” he added.

Title 42 prevents those seeking asylum at the border from entering the country to await their documents being processed. The policy was originally implemented under the Trump administration because of the threat posed by migrants carrying coronavirus into the country. Critics of the policy claim it was motived by racism and xenophobia against migrants seeking refugee status.

The Centers for Disease Control announced that the drop in coronavirus cases and hospitalizations no longer necessitated the restrictions. The Biden administration has used the assessment by the CDC to justify ending Title 42 despite criticism that it will almost certainly lead to a massive spike in illegal immigration. In Oct. 2021, Biden administration officials estimated that as many as 400,000 new migrants could attempt to cross the border in a month if Title 42 had been rescinded at that time.

The temporary restraining order prevents the Biden administration from acting before a May 13 hearing about the policy.

Arizona Attorney General Mark Brnovich also celebrated the order on Monday.“I am so proud of the lawyers from our office who just got a Temporary Restraining Order to keep Title 42 in place,” tweeted Brnovich. “We will continue to fight the Biden administration’s open border policies.”

Here’s more about the order against Biden:

Federal judge plans to block termination of Title 42www.youtube.com

Today’s THREE Politically INCORRECT Cartoons by A.F. Branco


A.F. Branco Cartoon – Anti-Constitutional

A.F. BRANCO | on April 9, 2022 | https://comicallyincorrect.com/a-f-branco-cartoon-anti-constitutional/

Though being light on child porn and crime and crime in general, RINOs like Romney helped confirm KBJ.

Kentanji Brown Jackson Confirmed
Political cartoon by A.F. Branco ©2022.

A.F. Branco Cartoon – Who Gives a Dam

A.F. BRANCO | on April 10, 2022 | https://comicallyincorrect.com/a-f-branco-cartoon-who-gives-a-dam/

Many Democrats and RINOs are bracing for a red wave hoping that a wall of dark money will save them.

Minnesota Red Wave
Political cartoon by A.F. Branco ©2022

A.F. Branco Cartoon – Blasting Back Worse

A.F. BRANCO | on April 11, 2022 | https://comicallyincorrect.com/a-f-branco-cartoon-blasting-back-worse/

Biden ending Title 42 will make the already huge disaster at the border much worse.

Biden to End Title 42
Political cartoon by A.F. Branco ©2022.

Donations/Tips accepted and appreciated – $1.00 – $5.00 – $25.00 – $50.00 – $100 – it all helps to fund this website and keep the cartoons coming. Also Venmo @AFBranco – THANK YOU!

A.F. Branco has taken his two greatest passions, (art and politics) and translated them into cartoons that have been popular all over the country, in various news outlets including “Fox News”, MSNBC, CBS, ABC, and “The Washington Post.” He has been recognized by such personalities as Dinesh D’Souza, James Woods, Sarah Palin, Larry Elder, Lars Larson, Rush Limbaugh, and President Donald Trump.

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