Arizona AG Brnovich issues legal opinion declaring border crisis 'invasion' under Constitution

[Leroy N. Soetoro]

https://www.foxnews.com/politics/arizona-ag-brnovich-legal-opinion-
declaring-border-crisis-invasion-constitution

Arizona Attorney General Mark Brnovich on Monday issued a legal opinion
that determines that the ongoing crisis at the southern border is an
"invasion" under the Constitution – a move he says gives the state the
power to take additional measures to defend itself.

In the opinion, Brnovich says that the definition of "invasion" contained
under the U.S. Constitution is not limited to hostile foreign states, and
can include "hostile non-state actors."

"The violence and lawlessness at the border caused by transnational
cartels and gangs satisfies the definition of an ‘invasion’ under the U.S.
Constitution, and Arizona therefore has the power to defend itself from
this invasion under the Governor’s authority as Commander-in-Chief,"
Brnovich writes. "An actual invasion permits the State to engage in
defensive actions within its own territory at or near its border."

The opinion comes after Republican state lawmakers and former Trump
officials -- including former Office of Management and Budget (OMB)
Director Russ Vought and former acting deputy DHS Secretary Ken
Cuccinelli, both now at the Center for Renewing America -- urged Gov. Doug
Ducey to use war powers to repel the enormous number of migrants that have
hit Arizona’s border with Mexico in the last year. It would in theory
allow Arizona’s police or National Guard to remove illegal immigrants to
Mexico themselves.

They have pointed to language in Article I of the Constitution, which
allows for States to "engage in War" when it has been "actually invaded,
or in such imminent Danger as will not admit of delay" without the
approval of Congress. They also note Article IV says the U.S. "shall
protest each [state] against invasion."

There were more than 1.7 million migrant apprehensions in FY 2021, and the
numbers remained high into December, where there were 178.840 encounters
at the border, amid fears that the crisis will likely continue well into
2022 at least. Arizona’s Yuma Sector has been particularly overwhelmed by
the surge in migrants.

2.7 Brnovich Opinion on Border Crisis by Fox News on Scribd

"The on-the-ground violence and lawlessness at Arizona’s border caused by
cartels and gangs is extensive, well-documented, and persistent. It can
satisfy the definition of "actually invaded" and "invasion" under the U.S.
Constitution," Brnovich’s opinion says.

While the Biden administration has focused on an explanation of the crisis
that centers on "root causes" like violence and corruption in Central
America, Republicans at state and national level have blamed the Biden
administration’s rolling back of Trump-era border policies and of having
left states to fend for themselves.

"No State should be put in the position that Arizona and other border
states have been put in through the federal government’s recent actions,"
Brnovich writes.

He goes on to argue that "invasion" does not necessarily require foreign
states and can instead include hostile foreign actors -- including
transnational gangs and cartels bringing violence and drugs like fentanyl
to the border.

ARIZONA GOV. DUCEY SAYS BIDEN'S BORDER POLICY SERVES AS ‘MARKETING ARM’ OF
MEXICAN CARTELS

"Furthermore, the commonly understood meaning at the time of the word
"invade" 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," he
said.

However, Brnovich notes that it will ultimately up to the governor of the
state to make a determination whether the State is able to use its powers
under the State Self-Defense Clause and that "only the Governor has the
authority to establish the exact parameters for the exercise of the
defensive use of force."

Cuccinelli told Fox News that it was a "big deal" for Brnovich to come to
the conclusion he did.

"Now we call on Gov. Doug Ducey to use this very clear legal and
constitutional authority to protect the people of Arizona from the
invasion they're suffering through their southern border," he said.

"It's not enough for states like Texas, New Mexico, Arizona and California
to complain about Joe Biden's failure to do his job, they have the
authority to protect themselves," he said. "Only governors Abbot and Ducey
have spoken about doing that. But here is confirmation that they have
legal authority to take matters into their own hands and solve the
problem, not just complain about it."

Ducey himself has been highly critical of the Biden administration’s
border policies. In a recent interview with Fox News Digital, he said
there was a link between rising crime and the influx of migrants into the
U.S.

"Well, of course, there's a link between criminals coming over the border
and rising crime – of that, there's no doubt," he said. "We've got nearly
two million people that we've apprehended at this time. So, border
security is national security. The federal government is failing at that."

In a statement in response to the opinion published on Monday, Ducey's
office noted his deployment of the National Guard to the border and that
he extended the border security mission for another year in August – while
calling the amount of drugs and migrants coming across the border
"unprecedented."

"DHS Secretary [Alejandro] Mayorkas admitted himself the border is the
worst it’s been in over 20 years. He needs to be held accountable. This
administration needs to be held accountable. They have totally failed to
address this very real public safety and humanitarian crisis,"
Communications Director CJ Karamargin said.

"Arizona has and will continue to protect our communities with our
National Guard, our Border Strike Force and in partnership with local law
enforcement," Karamargin said. "For Attorney General Brnovich to imply the
Guard is not on our border does them a serious disservice and shows that
he fails to appreciate the commitment these men and women have to
protecting Arizona."

Fox News' Danielle Wallace and The Associated Press contributed to this
report.


--
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Under Barack Obama's leadership, the United States of America became the
The World According To Garp. Obama sold out heterosexuals for Hollywood
queer liberal democrat donors.

President Trump boosted the economy, reduced illegal invasions, appointed
dozens of judges and three SCOTUS justices.

[Hisler]

"Apprehensions" and "encounters". Interpretation: There is no border
and a complete failure to deter the invaders.

> 2.7 Brnovich Opinion on Border Crisis by Fox News on Scribd
>
> "The on-the-ground violence and lawlessness at Arizona’s border caused by
> cartels and gangs is extensive, well-documented, and persistent. It can
> satisfy the definition of "actually invaded" and "invasion" under the U.S.
> Constitution," Brnovich’s opinion says.
>
> While the Biden administration has focused on an explanation of the crisis
> that centers on "root causes" like violence and corruption in Central
> America, Republicans at state and national level have blamed the Biden
> administration’s rolling back of Trump-era border policies and of having
> left states to fend for themselves.
>
> "No State should be put in the position that Arizona and other border
> states have been put in through the federal government’s recent actions,"
> Brnovich writes.
>
> He goes on to argue that "invasion" does not necessarily require foreign
> states and can instead include hostile foreign actors -- including
> transnational gangs and cartels bringing violence and drugs like fentanyl
> to the border.

Indeed. If the invasion continues, the invaders could hold a referendum
and declare they want to secede from the US government and become part
of Mexico, as the Russians in Crimea and the Donetsk People's Republic
did in Ukraine. Then the breakaway republic might very well start
killing non-Hispanics and put Mexican drug cartels in charge of day to
day life.

>
> ARIZONA GOV. DUCEY SAYS BIDEN'S BORDER POLICY SERVES AS ‘MARKETING ARM’ OF
> MEXICAN CARTELS
>
> "Furthermore, the commonly understood meaning at the time of the word
> "invade" 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," he
> said.
>
> However, Brnovich notes that it will ultimately up to the governor of the
> state to make a determination whether the State is able to use its powers
> under the State Self-Defense Clause and that "only the Governor has the
> authority to establish the exact parameters for the exercise of the
> defensive use of force."

A good first step would be to arm the National Guard on the border and
demand for them the same billions of dollars of military hardware that
Biden gives to Ukraine every week. Mexico is invading the U.S. on a
scale that dwarfs the Russian "Special Operation" in Ukraine. The
Mexicans are doing it in the classical Vietnam war guerrilla war style,
where the guerrillas blend in with the previous waves of "migrants",
just waiting for the word to go full Tet Offensive.

>
> Cuccinelli told Fox News that it was a "big deal" for Brnovich to come to
> the conclusion he did.
>
> "Now we call on Gov. Doug Ducey to use this very clear legal and
> constitutional authority to protect the people of Arizona from the
> invasion they're suffering through their southern border," he said.

Governor Ducey needs to deputize ranchers and citizen militias to help
put a stop to this invasion from Mexico and give them immunity from
harassment and monetary punishment from the ACLU, ADL, SPLC and similar
quasi-government orgs.

>
> "It's not enough for states like Texas, New Mexico, Arizona and California
> to complain about Joe Biden's failure to do his job, they have the
> authority to protect themselves," he said. "Only governors Abbot and Ducey
> have spoken about doing that. But here is confirmation that they have
> legal authority to take matters into their own hands and solve the
> problem, not just complain about it."

Exactly. Furthermore, when the ACLU, NCLR, ADL and SPLC sue the states
and mayors of cities for trying to stop the millions of illegal aliens
from pouring into our country, they need to be treated with the same
contempt and politically charged language that President Brandon
reserves for "MAGA Republicans".

>
> Ducey himself has been highly critical of the Biden administration’s
> border policies. In a recent interview with Fox News Digital, he said
> there was a link between rising crime and the influx of migrants into the
> U.S.

Absolutely. There was a time when catalytic converters and entire
vehicles would get stolen in Mexico when Americans visited that country,
but people in the U.S. felt safe in their First World country where such
crimes were limited.". Now, largely due to demographic change, Third
World crime has come to America.

>
> "Well, of course, there's a link between criminals coming over the border
> and rising crime – of that, there's no doubt," he said. "We've got nearly
> two million people that we've apprehended at this time. So, border
> security is national security. The federal government is failing at that."

What does "apprehended" actually mean in this context? Obviously, it
doesn't mean detained and sent back to Mexico.

>
> In a statement in response to the opinion published on Monday, Ducey's
> office noted his deployment of the National Guard to the border and that
> he extended the border security mission for another year in August – while
> calling the amount of drugs and migrants coming across the border
> "unprecedented."
>
> "DHS Secretary [Alejandro] Mayorkas admitted himself the border is the
> worst it’s been in over 20 years. He needs to be held accountable. This
> administration needs to be held accountable. They have totally failed to
> address this very real public safety and humanitarian crisis,"
> Communications Director CJ Karamargin said.
>
> "Arizona has and will continue to protect our communities with our
> National Guard, our Border Strike Force and in partnership with local law
> enforcement," Karamargin said. "For Attorney General Brnovich to imply the
> Guard is not on our border does them a serious disservice and shows that
> he fails to appreciate the commitment these men and women have to
> protecting Arizona."
>
> Fox News' Danielle Wallace and The Associated Press contributed to this
> report.
>
>

--

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