Attor­ney Gen­er­al Ken Pax­ton Issues State­ment in Sup­port of House Res­o­lu­tion 50 to Affirm Texas’s Right to Secure Its Border

Attorney General Ken Paxton issued a statement expressing strong support for House Resolution 50 (“H.Res.50”), sponsored by Rep. Jodey Arrington (TX-19). This resolution would affirm the constitutional authority of U.S. States to defend themselves against border invasions.

H.Res.50 recognizes that States retain the sovereign right to exclude unlawfully present foreign nationals, including, under Article I, Section 10 of the Constitution, as necessary to defend themselves when “actually invaded, or in such imminent Danger as will not admit of delay.” The resolution also acknowledges the obligation that Article IV places on the federal government to protect each state against invasion. It recognizes that when the federal government fails to meet that obligation, states retain an independent constitutional backstop to protect their own people and territory. 

This resolution affirms the constitutionality of Texas Senate Bill (“SB”) 4. Attorney General Paxton successfully defended SB 4, which exercises Texas’s sovereign authority to criminalize illegal entry and arrest illegal aliens.

“H.Res.50 serves as a vindication of Texas’s actions to defend its borders and a repudiation of the Biden-era legal attacks against our state. Importantly, it is a step toward strengthening border security going forward,” said Attorney General Paxton. “The Biden Administration allowed for the infiltration of illegal aliens and criminals into our country that led to an invasion-level border crisis. President Trump is doing tremendous work to save our country and secure our border. My office successfully defended SB 4, which protects Texas's right to arrest illegals, protect our citizens, and enforce immigration law. I am in strong support of H.Res.50 as it further affirms that the Constitution's Self-Defense Clause gives states an independent right to act when invaded, as Texas was under Joe Biden. When Texas joined the Union, it retained sovereign authority to defend its people and territory. I will stop at nothing to protect and preserve that right.”

“Attorney General Paxton has been on the front lines defending Texas’ constitutional authority to protect its citizens against the invasion and disaster at our southern border created by the Biden administration,” said Congressman Arrington. “While President Trump is vigilantly securing our border and enforcing our immigration laws, Congress must act now to ensure Texas and other border states are never again defenseless against the open-border Biden-era policies that flooded our state and nation with dangerous criminal aliens and deadly fentanyl. If the past is prologue, we know exactly what we can expect from future Democrat administrations that want to take us back to open-border lawlessness. That’s why I introduced H.Res.50—to ensure states like Texas are never again forced to be passive victims of a federal government that refuses to secure the border. I’m grateful to Attorney General Paxton for his bold leadership defending Texas’ sovereignty and for his strong support of H.Res.50. Congress should act now to ensure that no future administration can leave border states defenseless again.”