Texas Attorney General Ken Paxton has endorsed a nonbinding House resolution that declares states can repel border ‘invasion’. The resolution, introduced by U.S. Rep. Jodey Arrington, would express the chamber’s position on the matter but would not require Senate approval or carry the force of law.
Border Security and the Constitution
The resolution would declare that Texas, New Mexico, Arizona, and California were invaded or faced imminent danger from 2021 through 2024. It would also declare that those states had sovereign and unilateral authority to defend themselves against paramilitary, narco-terrorist cartels, terrorists, and criminal actors.
Paxton’s office said the resolution ‘affirms the constitutionality’ of Texas SB4, which criminalizes illegal entry from a foreign nation and illegal reentry by certain aliens. The law has faced federal litigation since its enactment, with the Fifth Circuit vacating a preliminary injunction in April 2026.
Paxton stated, ‘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.’ He added, ‘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.’
Original reporting: The Dallas Express — read the source article.