Understanding the Constitution: How States May Respond to Illegal Immigration—Part II

This part II explains federal and state responsibility in the face of invasion and introduces the topic of transnational criminal gangs.

Human smugglers drive ATVs on the Mexican side of the United States border wall near Jacumba, Calif., on Oct. 31, 2023. John Fredricks/The Epoch Times

Commentary

Part I of this series showed that under the Constitution, an “invasion” triggers powers and obligations for both federal and state governments. It also showed that mass unauthorized immigration at the Southern border meets the constitutional definition of an “invasion.”