Fifth Circuit Rules Against Texas in Case Where State Claimed Immigration and Drug Smuggling Qualify as "Invasion"
The ruling is mostly based on statutory issues, but also covers the "invasion" question.
Invasion
Federal Court Rules Against Texas in Case Where State Claimed Immigration and Drug Smuggling Qualify as "Invasion"
The court ruled that the definition of "invasion" is a political question, and that Texas therefore could not rely on the Invasion Clause to justify placing buoys in the Rio Grande River in defiance of federal law.
Immigration, Invasion, and Habeas Corpus
If Texas is right to argue that illegal immigration and cross-border drug smuggling qualify as "invasion," then the writ of habeas corpus can be suspended at any time - thereby enabling executive detention without trial.
Texas is Wrong to Equate Immigration and Drug Smuggling with "Invasion"
The argument is contrary to the text and original meaning of the Constitution, goes aginst precedent, and would have absurd consequences if accepted by courts.
Andrew Hyman Responds on Migration and Invasion
I have posted his response to my previous post, along with a rejoinder.
Immigration Is Not "Invasion"
A critique of claims that the federal government and the states can use military force to prevent immigration, based on constitutional powers to prevent "invasion."
