Greg Abbott Insists Texas Has Right to Deploy Militia

Texas Governor Greg Abbott has invoked what he termed the Lone Star State's "constitutional right to defend itself from invasion" in the context of mass immigration over the southern border. He said that this far exceeds the criteria of Founding Father and Supreme Court Chief Justice John Marshall for the use of a state militia.

The Republican made the remarks in a statement released on Monday in support of his border policy. This has included dispatching thousands of Texas National Guard troops to install razor wire along well-known crossing points from Mexico. Newsweek reached out to the White House by email at 3:30 a.m. ET. This article will be updated if they wish to comment.

Tensions between Texan authorities and the Biden administration surged on January 22 when the Supreme Court ruled federal agents can remove razor wire installed along the border on Abbott's orders. This sparked a furious response from the Texas governor who released a statement invoking "Texas's constitutional authority to defend and protect itself" under Article 1, Section 10, Clause 3 of the Constitution.

In his February 19 statement, which was shared on social-media platform X, formerly Twitter, Abbott reiterated this argument, commenting: "One of the most crucial rights granted in the U.S. Constitution is a state's ability to secure its own border."

He said Founding Father James Madison, widely dubbed the 'Father of the Constitution,' had "emphasized that Article 1, Section 10, Clause 3 would allow Virginia's state militia 'to be called forth to suppress smugglers' who had endangered their state."

Article 1, Section 10, Clause 3 of the constitution says: "No state shall, without the consent of Congress, lay any duty of tonnage [a taxation on shipping], 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."

Abbott said that the migrant crisis constitutes an invasion and imminent danger, so justifying the deployment of National Guard troops.

Abbott wrote: "Today, Texas faces a similar but starker threat than Virginia's smugglers, with Mexican drug cartels that operate as paramilitary forces on our border. The criminal smuggling activity faced by Texas far exceeds Madison's criteria for the use of a state militia.

"We will continue to build barriers that deny illegal entry into our state, arrest immigrants that cross illegally, and fulfil our duty to secure our border," the governor added.

Separately on X, Abbott shared a Fox News article about a program promoted by Michigan's Department of Labor and Economic Development. It encourages residents of the state to help support arriving refugees, including with initial housing.

Abbott said: "Michigan asks residents to help house, settle migrants amid crisis at border. Texans have asked me if Texas will mandate this. NO.

"Our focus is securing the border & building barriers, not aiding & supporting Biden's open border policies."

In January 2024, law enforcement arrested 124,220 people on suspicion of illegally crossing the southern border, down substantially on roughly 249,000 recorded in Texas. CNN cited internal government documents when saying the fall has been particularly pronounced in Texas, with 60 percent of all illegal border crossings now taking place in Arizona or California.

A Pew Research Center poll of 5,140 U.S. adults between January 16 and 21 found 73 percent of Democratic-supporting or -leaning voters believe the Biden administration is doing a bad job of securing the U.S.-Mexico border.