Title: Recognizing that Article I, Section 10 of the United States Constitution explicitly reserves to the States the sovereign power to repel an invasion and defend their citizenry from the overwhelming and "imminent danger" posed by paramilitary, narco-terrorist cartels who have seized control of our southern border.
Policy area: Immigration

Summary:
This joint resolution recognizes and affirms the sovereign and unilateral authority of states to defend themselves against invasion.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 50 Introduced in House (IH)]

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117th CONGRESS
  1st Session
H. J. RES. 50

      Recognizing that Article I, Section 10 of the United States 
 Constitution explicitly reserves to the States the sovereign power to 
repel an invasion and defend their citizenry from the overwhelming and 
``imminent danger'' posed by paramilitary, narco-terrorist cartels who 
              have seized control of our southern border.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 8, 2021

Mr. Arrington (for himself, Mr. Babin, Mr. Banks, Mr. Gooden of Texas, 
 Mr. Burgess, Mr. Duncan, Mrs. Cammack, Mr. Murphy of North Carolina, 
 Mr. Weber of Texas, Mr. Roy, and Ms. Herrell) submitted the following 
 joint resolution; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                            JOINT RESOLUTION


 
      Recognizing that Article I, Section 10 of the United States 
 Constitution explicitly reserves to the States the sovereign power to 
repel an invasion and defend their citizenry from the overwhelming and 
``imminent danger'' posed by paramilitary, narco-terrorist cartels who 
              have seized control of our southern border.

Whereas the Preamble to the United States Constitution outlines the chief 
        responsibility of the Federal Government is to ``insure domestic 
        tranquility'' and ``provide for the common defense'';
Whereas Article IV, Section 4 of the United States Constitution clearly states 
        ``The United States shall guarantee to every State in this Union a 
        Republican Form of Government, and shall protect each of them against 
        Invasion'';
Whereas President Biden has continuously failed to uphold his oath and fulfil 
        his Constitutional duty to ``faithfully execute'' the laws of the land;
Whereas in the five months since President Biden took office, we have seen more 
        apprehensions at the southern border than the entirety of the previous 
        year;
Whereas the 178,622 apprehensions in April marked a 20-year high and represented 
        a 944-percent increase compared to April 2020;
Whereas those being apprehended have come from over 160 nations, including 
        individuals on the terrorist watch list;
Whereas nearly 6,000 criminal offenses have already been committed by illegal 
        immigrants in 2021, including assault, homicide, illegal drug and 
        contraband possession, trafficking, and sexual offenses;
Whereas this represents a 140-percent increase in criminal offenses, with 
        approximately 2,400 crimes committed by illegal immigrants in the 
        entirety of 2020;
Whereas Customs and Border Protection agents in the Del Rio sector have seen a 
        more than 3,000-percent increase in arrests of convicted sex offenders 
        compared to the previous year;
Whereas authorities have already seized over 6,000 pounds of fentanyl--enough to 
        kill every American four times over--in 2021, surpassing the 4,700 
        pounds seized in the entirety of 2020;
Whereas the United States has a drug epidemic whereby tens of thousands of 
        Americans die every year and over 90 percent of drugs, including heroin, 
        methamphetamine, fentanyl, and cocaine, are smuggled across the southern 
        border;
Whereas cartels act as paramilitary, narco-terrorist organizations that profit 
        from trafficking people and drugs into the United States;
Whereas Customs and Border Protection agents have confirmed that cartels 
        facilitate and profit from virtually every illegal border crossing;
Whereas the Biden Administration has repeatedly removed effective measures that 
        have reduced illegal immigration and secured the border, including 
        Migrant Protection Protocols policy, a halt on border wall construction, 
        a reinstatement of ``catch and release'', a weakening of asylum 
        requirements, and countless other policy decisions that encourage a 
        disregard for our laws and sovereignty and embolden cartels;
Whereas the Federal Government has recognized since 1944 the authority of the 
        President to ``prohibit, in whole or in part, the introduction of 
        persons or property from such countries or places as he shall 
        designate'' as potentially introducing or spreading a communicable 
        disease, recently known as ``Title 42'';
Whereas the Biden Administration has continuously acknowledged the public health 
        threat of COVID-19 but failed to fully enforce Title 42 to protect 
        border communities and the entire nation against COVID-19 and its 
        dangerous new variants;
Whereas States along our southern border--Texas, New Mexico, Arizona, and 
        California--are forced to spend billions in their States' taxpayer 
        dollars to address and combat an unsecured border, as well as illegal 
        border crossings and their associated adverse effects;
Whereas State and local law enforcement entities are overwhelmed by dangerous 
        criminal activities associated with illegal border crossings, putting 
        officers and their communities in danger while draining local resources; 
        and
Whereas the quality of life and security of communities in border States are 
        being threatened, including ranchers suffering from stolen and damaged 
        property, healthcare providers with strained capacity, and educators 
        struggling to absorb the high volume of migrant children in classrooms: 
        Now, therefore, be it
    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That Congress--
            (1) recognizes that the States at our southern border, 
        including Texas, New Mexico, Arizona, and California are 
        suffering an invasion by paramilitary, narco-terrorist cartels; 
        and
            (2) recognizes and affirms the sovereign and unilateral 
        authority explicitly reserved to the States, respectively, 
        under Article I, Section 10 of the United States Constitution 
        to defend themselves against the invasion by cartels, which has 
        been exacerbated by the Federal Government's failure in meeting 
        its constitutional obligation to ``insure domestic 
        tranquility'', ``provide for the common defense'', ``execute 
        the laws'', and ``protect each [State] against invasion''.
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