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Can States Invoke War Powers Against the Caravan?

“It depends on what the meaning of the word ‘is’ is,” claimed former President Bill Clinton in 1998. He was trying to use legalese to maneuver around questions about his later admitted affair with White House intern Monica Lewinsky. Clinton’s idea of offering new interpretations of simple words seems to be making the rounds once again.

Currently, a migrant caravan of roughly 7,000 – some estimates say it’s over 10,000 – Central Americans are trekking north toward the United States-Mexico border. Do individual states have the authority to use force to stop them though? Maybe. It depends on your definition of invasion.

If the caravan arrives, many of these job-seekers will apply for asylum and want to stay in America. President Donald Trump called the situation a national emergency, and the Pentagon sent 5,200 American troops to the border.

Defining Invasion

Liberty Nation’s Sarah Cowgill explained that the migrants turned down assistance from Mexico and are plowing ahead to America. Many wonder what happens if the caravan reaches our southern border. But a larger question looms, and it relates to how Clinton used subtle legalese to try to manipulate the meaning of a simple word.

Can this mass of marchers legally be defined as an invasion?

Speaking with Breitbart News, President of the Senate Conservatives Fund and former Attorney General of Virginia Ken Cuccinelli argued that the U.S. Constitution gives states the authority to stop the flood of Central Americans currently flowing north toward America. [perfectpullquote align=”right” bordertop=”false” cite=”” link=”” color=”” class=”” size=”24″]There are reportedly more than 10 million illegal aliens currently living in the United States.[/perfectpullquote]

Given that the caravan is reportedly comprised of roughly 7,000 migrants, Cuccinelli said individual states could legally argue the procession is an “invasion,” as the participants are attempting to overwhelm the country’s immigration system while demanding entry. Many of those interviewed have indicated to the media that they fully intend to enter the United States, a clear sign that they have no intention of respecting our nation and laws.

War Powers

Cuccinelli argues that states along the southern border that could be invaded by the massive caravan have every right to defend themselves – a belief shared by many Americans.

Ken Cuccinelli

“Article 1 Section 10 of the Constitution, third paragraph, lists some things that the states can do under some certain circumstances. And [the Constitution] says that no state shall enter into war without the permission of Congress unless they are actually invaded. Well, here it comes.” Cuccinelli argued.

There are reportedly more than 10 million illegal aliens currently living in the United States. That could arguably be considered an invasion – as could 7,000 migrants storming the border and demanding entry in the country.

Cuccinelli contends that under the “war powers,” states can dispatch armed and geared officials to the border and turn back any who attempt to cross. No due process, catch-and-release, or anything else the Obama-Clinton cabal supported before Trump took office.

While a number of conservatives would support Cuccinelli’s position, it’s certainly bold and far from mainstream. He’s the only lawmaker on record advocating for the federal government to arguably use the most extreme measure to secure the border. His position would also undoubtedly be rejected by the left, especially given that a number of liberals have already spoken favorably of the migrants.

 

Sen. Kamala Harris (D-CA) has called for America to be “welcoming and tolerant.” New York Democrat Alexandria Ocasio-Cortez has argued the migrants have a “legal right” to enter the United States and implied they should be welcomed. And, of course, pro-immigration activists and the Joy Behar’s of the world have said: “no one is illegal.”

Americans Want Borders

We know most Americans support strict immigration laws and want this caravan stopped. When a person or group crosses your border without your permission, it’s an invasion. The marchers have made it clear they intend to enter America and apparently expect to be welcomed with a red carpet.

It’s also apparent that migrant caravans never entirely disappear, but rather dissipate and phase out into other groups. And, unsurprisingly, many seem to end up on the American side of the border.

As Trump has stated time and again, we are a nation of laws. If the government caves and allows the caravan to bypass the rules of immigration and storm in, it will send a clear message that anyone can stroll into the country at will and do whatever they please.

And if 5,200 American troops aren’t enough, perhaps states along the southern border – such as Arizona, Texas, and California – should close it down and do whatever it takes to stop all illegal crossings.

Read More From Martin Walsh

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