“The on-the-ground violence and lawlessness at Arizona’s border caused by cartels and gangs is extensive, well-documented, and persistent. It can satisfy the definition of ‘actually invaded’ and ‘invasion’ under the U.S. Constitution,” the opinion reads. “The federal government is failing to fulfill its duty under Article IV, Section 4 of the Constitution to defend the States from invasion. The State Self-Defense Clause exists precisely for situations such as the present, to ensure that States are not left helpless.”
As commander-in-chief for Arizona, Gov. Doug Ducey has the power to “engage in defensive actions within its own territory at or near its border,” according to Brnovich. The governor has the power to use the National Guard and militia forces.
Ducey didn’t respond to a request for comment by press time.
Much of Arizona’s border terrain is remote, inadequately fenced, and unpatrolled. It’s rife with drug and human smuggling, and thousands of unknown and unvetted illegal aliens evade law enforcement every month.
The state has experienced a colossal increase in Border Patrol apprehensions in the past year. In 2020, agents apprehended almost 91,000 illegal aliens entering Arizona. In 2021, that number jumped to almost 399,000.
4 Agents Cover 150 Miles
Border Patrol agents are so busy processing large groups of illegal aliens that, in Arizona’s Yuma sector, only four agents are available to patrol a 150-mile section of the border.In early December 2021, when the latest influx started, the 911 dispatch center was tied up for hours with calls from illegal aliens asking for transport, food, and clothing, Yuma County Sheriff Leon Wilmot told The Epoch Times.
About 300 illegal immigrants were arriving at the hospital every day, he said—not for medical assistance—but to request transport and supplies. Others wandered around looking for the Border Patrol station.
‘Invasion’
Brnovich’s opinion centers around the definitions of “actually invaded” and “invasion” and whether the federal government has abdicated its duty to protect.Brnovich said the Biden administration has taken “unprecedented actions ... to destroy operational control of the border.”
He listed examples such as the rescission of the Migrant Protection Protocols, which has resulted in hundreds of thousands of illegal immigrants being released into the United States with court dates scheduled years down the road. He also mentioned the halt of border wall construction, the closure of Border Patrol highway checkpoints, and the narrowing of Immigration and Customs Enforcement officers’ ability to execute the law.
House Rep. Jake Hoffman (R-Ariz.) who submitted the initial request for a formal legal opinion, said he’s happy with Brnovich’s “groundbreaking” opinion and now wants Ducey to utilize the state’s powers “to end the invasion and secure our border.”
Not Seeking Asylum
In Cochise County, Sheriff Mark Dannels deals with illegal aliens that are evading law enforcement. His county sits in southeastern Arizona and shares 83 miles of remote desert land with Mexico.Drivers are being paid about $1,000 per illegal alien that they smuggle—usually to Phoenix, which is used as a hub to travel to other cities throughout the United States.
“It’s like the cartel Uber. They just stage in public places all along the roadways waiting to get called up to go pick them up,” Dannels said.
“We had real good information ... from a federal agency that said there were two guys that were going to cross and they were going to kill one of us,” Cochise County Detective Jake Kartchner told The Epoch Times. “We never knew which one of us it was.”
He said a breakdown in communication between the sheriff’s office and federal agencies allowed the men to evade authorities.
Local border ranchers such as John Ladd are bracing for the worst, as hundreds of illegal aliens traverse their land.
