Kinney County in Texas has declared a local state of disaster, officially classifying the flood of migrants streaming from across the Mexican border as an “invasion” and requesting assistance from state and federal authorities. Kinney County Judge Tully Shahan legally declared the invasion on Tuesday and five nearby counties have already enacted similar decrees or plan to do so.
Shahan’s declaration noted that 3.2 million illegal aliens had been caught sneaking into the US since January 2021, plus over 800,000 who avoided capture during that time. He also claimed more than 50 “known terrorists” had entered the US via the Mexican border since the start of 2022 and cited the “unprecedented amount of human trafficking” and drug smuggling as factors constituting an invasion.
Declaring an invasion without any military initiative to back it up may seem symbolic, especially since the state of disaster lasts no longer than seven days unless renewed, but it is a historic first, according to former Virginia Attorney General Ken Cuccinelli. He told local media this was the first time that a judge had found as a matter of law that the US was being invaded, urging Texas Governor Greg Abbott to accept the declaration and deploy Department of Public Safety officers to turn people away at the border.
While acknowledging individual US states cannot wage war, Cuccinelli pointed out that “there is an exception…when you were actually invaded. That’s been there since the beginning of the constitution. The states reserved those rights to themselves.”