Posted on July 8, 2022

Arizona AG Brnovich Urges Gov. Ducey to Declare Border Crisis an ‘Invasion’

Adam Shaw, Fox News, July 7, 2022

Arizona Attorney General Mark Brnovich is urging Gov. Doug Ducey to declare the crisis at the southern border an “invasion” — just after multiple counties in Texas are pressuring their state’s governor to do the same.

“Last year, your office deployed the National Guard and declared a state of emergency at our border, but as the Biden-made disaster continues to intensify, there are more actions that we now have to consider,” Brnovich said in a letter to Ducey, obtained by Fox News Digital.

Amid an ongoing and historic migrant crisis at the southern border, with more than 239,000 migrant apprehensions in May alone, states have been taking matters into their own hands after what they say is inaction from the federal government.

Brnovich noted the recent case of an illegal immigrant who was on the terror watch list, but was still released into the country, before being apprehended two weeks later.

{snip} This week, multiple counties in Texas declared the crisis an invasion, and urged Gov. Greg Abbott to do the same.


The call for invasion declarations has been promoted since last year by former Office of Management and Budget (OMB) Director Russ Vought and former acting deputy DHS Secretary Ken Cuccinelli, both now at the Center for Renewing America. They have cited language in Article I of the Constitution, which allows for States to “engage in War” when it has been “actually invaded, or in such imminent Danger as will not admit of delay” without the approval of Congress.

Brnovich, in February, issued a legal opinion declaring the crisis an invasion and finding that it authorized the state to take matters into its own hands — but only if the governor made the declaration.

“Our office concluded that violence by cartels and gangs who have now assumed control of our southern border meets the legal definition for an invasion, but it’s up to the Governor to make that actual determination,” Brnovich, who is also running for U.S. Senate, said in the letter. “If that happens, you, as Commander in Chief, can exercise independent authority under the State Self-Defense Clause of the Constitution to defend Arizona from the invasion.”