States must act to end border crisis as Biden admin revokes Title 42 authority

The Biden Administration’s announced that Title 42, the public health emergency authority that has allowed the Border Patrol to return 1.6 million illegal aliens since 2020, will officially end May 23. This decision sets the stage for the total collapse of control over the U.S. southern border unless drastic measures are taken.

The country is already on track to have over 2 million illegal crossings this fiscal year, and Border Patrol agents told Fox News the termination of Title 42 authority would result in a “surge on top of a surge” which will completely overwhelm Border Patrol officers.

Without Title 42, nearly all captured migrants will be immediately released into the interior of the country under what the Biden administration euphemistically terms “alternatives to detention.” National Border Patrol Council President Brandon Judd told The Daily Caller, “Once we process them under Title 8, now everybody is going to be released. So we’re releasing 100,000 right now. Well with Title 42 going away, we’ll be releasing the total number of the people that we catch.”

The Biden move comes even as conservative House members have been scrambling to force a vote on the PAUSE Act, legislation from Rep. Yvettee Herrell which would require the  Biden administration to maintain Title 42, at least temporarily.

Texas Governor Greg Abbott issued a statement blasting the Biden Administration decision and declaring:

Ending Title 42 expulsions will signal to cartels and migrants alike that our southern border is now wide open—inciting even more violence, more trafficking, and more lawlessness. President Biden clearly has no intention to secure the border by faithfully executing Congress’ command to detain and deport illegal immigrants. His actions will only further endanger Texans, and the State of Texas must take even more unprecedented action to keep our communities safe by using any and all constitutional powers to protect its own territory.

Under Abbott, the Texas Department of Public Safety (DPS) and the Texas National Guard has deployed to the border with a significant show of force –including arresting illegal aliens for trespassing when they cross the border onto private property. While DPS has made over 3,000 such arrests, ultimately this move is largely symbolic, as illegals are still eventually turned over to federal authorities, who promptly release them.

The only real immediate effective state level response is for Governor Abbott, backed by the Texas legislature, to submit a declaration to Congress that Texas is under an imminent threat of invasion, and that it will take all necessary steps to defend itself pursuant to Article I, Section 10 of the U.S. Constitution.

In accordance with that emergency, Texas DPS, backed by the Texas Military Department, should begin catch and removal operations of all illegals. Nothing else is sufficient when the Biden Administration insists on releasing every illegal into the interior.  Other states, whether border states like Arizona or interior states, should declare the same, and allocate state resources to assist with the operation. While the Biden Administration Department of Justice will undoubtedly file suit, states should continue to act to address the emergency while the matter is debated in court.

Meanwhile, assuming mid-term elections bring change in Congress, Congressional Republicans should pursue Rep. Chip Roy’s efforts to see DHS Secretary Alejandro Mayorkas impeached for his stubborn dereliction in upholding U.S. border and immigration law. A Congressional resolution in support of the State invasion declarations would also buttress state claims as the matter reaches the judiciary.

The Biden administration’s repeated, deliberate, and unlawful refusal to carry out its responsibilities on the southern border has left U.S. States with no choice but to act. The time to do so is now – it will only get worse after May 23.