Republican attempts to label the migrant surge an 'invasion' have fallen flat in the courts, where judges say the flow of people and drugs looks less like a constitution-breaking military incursion and more like the kind of border problems that have plagued the country for decades.
Phill Cady wears a t-shirt with a photo of former President Donald Trump, who is running for reelection, as he holds a sign during a “Take Our Border Back” rally on Feb. 3, 2024, in Quemado, Texas. Trump has moved …Republican attempts to label the migrant surge an “invasion” have fallen flat in the courts, where judges say the flow of people and drugs looks less like a Constitution-breaking military incursion and more like the kind of border problems that have plagued the country for decades.
The 5th U.S. Circuit Court of Appeals also has shut down the invasion argument, giving it little attention as the judges grapple with Texas’s aggressive effort to fill what it sees as holes President Biden has ripped in the border. Judge Ezra said “actually invaded” was a term of art well known to the founders and it meant an ongoing attempt at military occupation. It was never used to refer to immigration or anything that didn’t involve a hostile foreign power launching an armed operation.
“It took until the latter half of the 20th century for the United States to assume full-time, primary responsibility for policing our Southern border,” he said. “Where does Judge Ezra think Texas’ authority for all those years came from? Instead of a straightforward answer, Judge Ezra pretends all of that history does not exist.”
B Law Crime B David Alan Ezra B Republican Party
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