What This Bill Does
This resolution declares that certain southern border states have the constitutional right to defend themselves against what it describes as an invasion or imminent danger from criminal organizations and cartels. The resolution also declares that the federal government has failed to protect these states as required by the Constitution.
Who It Affects
Texas, New Mexico, Arizona and California are specifically named as the states affected. The resolution also references people attempting to cross the southern border, federal law enforcement agencies, and state and local law enforcement entities.
Key Provisions
• The House declares that any state has the sovereign right to exclude people who do not have the right to be in that state's territory (Resolution section 1)
• The House declares that Texas, New Mexico, Arizona and California are being invaded or face imminent danger from criminal actors and cartels, and therefore have the authority to defend themselves under Article I, Section 10 of the Constitution (Resolution section 2)
• The House declares that the United States has failed to protect southern border states against invasion as required by Article IV, Section 4 of the Constitution (Resolution section 3)
• The House declares that the Biden administration has failed to faithfully execute the laws and defend southern border states (Resolution section 4)
What Changes
This is a resolution expressing the House's position. Resolutions state congressional opinion but do not create new laws or requirements that must be followed.
Important Definitions
None defined in the bill text.
IV
118TH CONGRESS
1ST SESSION
H. RES. 50
Recognizing that article I, section 10 of the United States Constitution
explicitly reserves to the States the sovereign power to repel an invasion
and defend their citizenry from the overwhelming and ‘‘imminent danger’’
posed by paramilitary, narco-terrorist cartels, terrorists and criminal
actors who have seized control of our southern border.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 20, 2023
Mr. ARRINGTON (for himself, Mr. BABIN, Mr. BANKS, Mr. GOODEN of Texas,
Mr. BURGESS, Mr. MURPHY, and Mr. WEBER of Texas) submitted the
following resolution; which was referred to the Committee on the Judici-
ary
RESOLUTION
Recognizing that article I, section 10 of the United States
Constitution explicitly reserves to the States the sov-
ereign power to repel an invasion and defend their citi-
zenry from the overwhelming and ‘‘imminent danger’’
posed by paramilitary, narco-terrorist cartels, terrorists
and criminal actors who have seized control of our south-
ern border.
Whereas the Preamble to the United States Constitution out-
lines the chief responsibility of the Federal Government
is to ‘‘insure domestic tranquility’’ and ‘‘provide for the
common defense’’;
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2
•HRES 50 IH
Whereas article IV, section 4 of the United States Constitu-
tion clearly states ‘‘The United States shall guarantee to
every State in this Union a Republican Form of Govern-
ment, and shall protect each of them against Invasion’’;
Whereas President Biden has continuously failed to uphold
his oath and fulfill his constitutional duty to ‘‘faithfully
execute’’ the laws of the land;
Whereas, since President Biden took office, we have seen rec-
ordbreaking apprehensions at the southern border;
Whereas monthly apprehensions have exceeded 200,000 for
numerous months and continue to increase month over
month, eclipsing all-time records for apprehensions at the
southern border;
Whereas border States spend hundreds of millions of dollars
annually on the provision of healthcare, housing, edu-
cation, and other services for illegal aliens;
Whereas those being apprehended have come from over 160
nations, including many individuals on the terrorist
watch list;
Whereas thousands of criminal offenses have been committed
by illegal immigrants, including assault, homicide, illegal
drug and contraband possession, trafficking, and sexual
offenses;
Whereas criminal offenses committed by illegal immigrants
have increased one hundred plus percent year over year;
Whereas arrests of illegal immigrants convicted of sex of-
fenses has increased one thousand plus percent year over
year according to Customs and Border Protection;
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3
•HRES 50 IH
Whereas authorities have seized thousands of pounds of
fentanyl—enough to kill every American multiple times
over;
Whereas the United States has a drug epidemic whereby tens
of thousands of Americans die every year and a little less
than 100 percent of drugs, including heroin, meth-
amphetamine, fentanyl, and cocaine, are smuggled across
the southern border;
Whereas migrant women and children, who represent an in-
creasing number of crossings and face a high risk of sex-
ual assault and trafficking, are abused, raped, tortured,
enslaved and trafficked as a result of the Biden adminis-
tration’s failure to secure our southern Border;
Whereas attempted crossings by, and apprehensions of, illegal
immigrant criminals on the FBI’s terror watchlist have
increased exponentially year over year, and even more il-
legal immigrant criminals and terrorists may have slipped
across the border without detection—the ‘‘gotaways’’;
Whereas cartels act as paramilitary, narco-terrorist organiza-
tions that profit from trafficking people and drugs across
the southern border into the United States;
Whereas Customs and Border Protection agents have con-
firmed that cartels facilitate and profit from virtually
every illegal border crossing;
Whereas the Biden administration has repeatedly removed ef-
fective measures that have reduced illegal immigration
and secured the border, including Migrant Protection
Protocols policy, remain in Mexico, a halt on border wall
construction, a reinstatement of ‘‘catch and release’’, a
weakening of asylum requirements, and countless other
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4
•HRES 50 IH
policy decisions that encourage a disregard for our laws
and sovereignty and embolden cartels;
Whereas States along our southern border—Texas, New Mex-
ico, Arizona, and California—are forced to spend billions
of their own taxpayer dollars to address and combat the
devastation resulting from an unsecured southern border;
Whereas State and local law enforcement entities are over-
whelmed by dangerous criminal activities associated with
illegal border crossings, putting officers and their com-
munities in danger while draining local resources; and
Whereas the quality of life and security of communities in
border States, along with every other State in the U.S.,
are being threatened, including ranchers suffering from
stolen and damaged property, healthcare providers with
strained capacity, and educators struggling to absorb the
high volume of migrant children in classrooms: Now,
therefore, be it
Resolved, That the House of Representatives—
1
(1) declares and finds as a matter of fact any
2
State within the United States has the sovereign
3
right to exclude from the sovereign’s territory any
4
person who does not have the right to be there;
5
(2) declares and finds as a matter of fact the
6
States at our southern border, including Texas, New
7
Mexico, Arizona, and California, are being invaded
8
or are in such imminent danger from paramilitary,
9
narco-terrorist cartels, terrorists and criminal actors
10
as will not admit delay as stated in article I, section
11
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•HRES 50 IH
10 of the United States Constitution and those
1
States have the sovereign and unilateral authority
2
pursuant to article I, section 10 of the United States
3
Constitution to defend themselves against the inva-
4
sion or imminent danger by paramilitary, narco-ter-
5
rorist cartels, terrorists and criminal actors;
6
(3) declares and finds as a matter of fact the
7
United States has failed to protect the aforemen-
8
tioned States at our southern border against inva-
9
sion pursuant to article IV, section 4 of the United
10
States Constitution or to ‘‘ensure domestic tran-
11
quility’’, ‘‘provide for the common defense’’, and
12
‘‘execute the laws’’ of the United States; and
13
(4) declares and finds as a matter of fact the
14
Biden administration has failed to faithfully execute
15
the laws of the United States and to defend and pro-
16
tect the aforementioned States on the southern bor-
17
der against invasion or imminent danger.
18
Æ
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