EXCLUSIVE — A group of House Republicans is warning President Joe Biden against federalizing the Texas National Guard as the Lone Star State seeks to crack down on the surge of illegal immigration, arguing that doing so would be a constitutional violation.
In a letter sent to the president on Thursday, two dozen Republicans urged the president not to agree to demands from Democratic lawmakers calling on Biden to seize control of the Texas National Guard amid a dispute over the handling of the southern border. The group of Republicans, led by Rep. Randy Weber (R-TX), warned that doing so would be unconstitutional and urged Biden to cooperate with Texas Republicans to secure the border.
“By deploying the National Guard, Governor Abbott has taken the necessary steps to defend this country and her people from foreign invaders. To that end, we urge you to reconsider any inclination toward federalizing the National Guard in Texas,” the lawmakers wrote in the letter, which was first obtained by the Washington Examiner. “Any attempt to usurp command of the Texas National Guard using the authorities under the Insurrection Act of 1807 would be unconstitutional; the federal government’s supremacy clause does not extend to preventing States from taking due measures to protect and defend themselves in the face of crisis.”
The letter comes in response to calls from Democratic lawmakers for Biden to seize control of the Texas National Guard after troops seized control of Shelby Park in Eagle Pass last month despite rejections from federal law enforcement. Shelby Park is one of the busiest locations for illegal immigrants to cross over into the United States.
That decision by Republican Gov. Greg Abbott came after the Supreme Court ruled in favor of the Biden administration to remove razor wire installed along the Rio Grande, which the administration argued made it difficult for federal border officials to perform their duties. Abbott responded by telling the state national guard to hold the line, creating a standoff with the federal government over who has authority to implement border security policies in the state.
Several Republican lawmakers have publicly backed Abbott’s efforts, arguing the United States Constitution grants the Texas governor “the authority to maintain and deploy the National Guard for domestic emergencies on Texas soil.”
“Federalizing Texas troops would be an encroachment on Texas’ constitutionally protected sovereignty,” they wrote. “We urge you to reconsider the policies that have created this crisis and, instead, to join Governor Abbott in protecting the American people from this invasion.”
A number of Republican governors in other states have also vowed to send members of their own national guards to bolster Abbott’s efforts, including Florida Gov. Ron DeSantis, who announced last week he would re-establish the Florida State Guard to send as many as 1,000 Florida National Guard soldiers to the southern border.
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It’s unclear whether Biden would attempt to federalize the Texas National Guard, but Abbott told Fox News’s Sean Hannity last month he is prepared in the “unlikely event” he does so.
Twenty-four Republicans signed on to Thursday’s letter, including Weber and Reps. Andy Harris (R-MD), John Carter (R-TX), Russ Fulcher (R-ID), Troy Nehls (R-TX), Andy Ogles (R-TN), Lauren Boebert (R-CO), Brian Babin (R-TX), Keith Self (R-TX), Anna Paulina Luna (R-FL), Ralph Norman (R-SC), Chris Smith (R-NJ), Monica De La Cruz (R-TX), Marjorie Taylor Greene (R-GA), Gary Palmer (R-AL), Ronny Jackson (R-TX), Kay Granger (R-TX), Eric Burlison (R-MO), Michael Cloud (R-TX), Pete Sessions (R-TX), Lance Gooden (R-TX), Mary Miller (R-IL), Chuck Edwards (R-NC), and Clay Higgins (R-LA).
