Nothing ever happens. Occasionally, there are opportunities for right-of-center political leaders to do something important. They never do. They can have public opinion on their side, the law on their side, and institutional power on their side. It doesn’t matter. They don’t act, the moment passes by, and history remembers them as villains anyway.

At least, it usually seems like that’s the way things go. Until recently, Texas Governor Greg Abbott was on the way to being just another footnote in the history of the West’s long defeat. In November 2022, Texas declared mass immigration to be an “invasion,” providing a justification to use the National Guard. Texas also began shipping illegal immigrants to other states and localities, especially sanctuary cities like New York City and Chicago. While this changed the immigration debate significantly, it didn’t actually stop mass immigration.

The Biden Administration, with 535 executive actions on immigration, has dramatically accelerated population replacement. Since President Biden took office, there have been 6.3 million border encounters along the southern border and 2.4 million migrants allowed into the country. The foreign-born population reportedly reached 15 percent of the total population last year.

While the number of people hitting the southern border has surged, the Border Patrol’s resources have remained the same, and morale is plummeting while overworked agents serve as glorified chauffeurs for migrants invading the United States. There is a backlog of more than three million “asylum” cases for migrants, who often enjoy free resources and legal aid provided by federally funded “Non-Governmental Organizations.” It’s difficult to avoid the conclusion that the Administration is deliberately overloading the system to break it entirely, leading to an effective end of all immigration law enforcement.

Texas set up defenses along the border to help stem the flow, but the Biden Administration ordered the Border Patrol to cut the razor wire and ensure more migrants could come. Texas sued, but the Supreme Court ruled that the federal government has the right to cut the razor wire. Chief Justice John Roberts, along with the four women on the Supreme Court, sided with the federal government. This is a useful corrective to those who think there is a “conservative” Supreme Court that will defend constitutional norms. Chief Justice John Roberts (who memorably saved Obamacare) is likely concerned about the Court’s legitimacy among liberals, while Justice Amy Coney Barrett (who touted her adopted black children during her confirmation hearings) confirmed right-wingers’ suspicions about her toughness.

It’s strangely appropriate that the case is Department of Homeland Security v. Texas, because no one really believes the DHS is trying to secure the homeland. Indeed, the DHS is claiming authority to destroy border defenses to ensure mass immigration continues. However, the law being what it is, that is not the technical issue the Supreme Court was considering. “Under the Supremacy Clause, state law cannot be applied to restrain those federal agents from carrying out their federally authorized activities,” argued DHS. “Texas cannot use state tort law to restrain federal Border Patrol agents carrying out their federal duties.”

DHS argued that the barriers prevent Border Patrol agents from saving the lives of migrants who endanger themselves. Of course, the reason the migrants are there in the first place is because they know if they can simply present themselves to the Border Patrol, they can apply for amnesty and be released into the country effectively indefinitely. That is what’s leading them to put themselves and their children in danger. The federal government is arguing that because only the federal government can enforce immigration law, the state cannot enforce it, even if the federal government refuses to enforce it. However, this decision simply said the Border Patrol could cut the razor wire; it is not a final settlement of the case. The main legal issues have yet to be resolved.

Texas Governor Greg Abbott has dramatically increased the stakes by charging that “the federal government has broken the compact between the United States and the States.” He argued that President Biden has refused to enforce immigration laws and “smashed records for illegal immigration.” “Under President Biden’s lawless border policies, more than 6 million illegal immigrants have crossed our southern border in just 3 years,” he said. “That is more than the population of 33 different States in this country.”

Accusing the President of violating his oath of office, the governor said that “the States should not be left to the mercy of a lawless president who does nothing to stop external threats like cartels smuggling millions of illegal immigrants across the border.” According to the Constitution, the federal government has the responsibility to protect each state against invasion. Furthermore, Article I, Section 10 says states may keep troops if “actually invaded, or in such imminent Danger as will not admit of delay.” Governor Abbott cited Justice Antonin Scalia’s dissent in Arizona v. United States, which supposedly identified “the States’ sovereign interest in protecting their borders.” Of course, the state lost this case. Nonetheless, Governor Abbott says that he has the “supreme law of the land” on his side.

That section of the Constitution also forbids states from entering into compacts with each other, unless of course there is an invasion declared. Governor Abbott has already done so. Thus, other states could presumably step forward to support Texas. They have begun doing so. As of this writing, the governors of 25 states have expressed support.

Oklahoma stands with Texas. https://t.co/67VzVEfEv1

— Governor Kevin Stitt (@GovStitt) January 24, 2024

.@GregAbbott_TX is exactly right to invoke Texas’ constitutional authority to defend itself.

The Biden Administration has created a national security crisis and put Americans in danger. Their failure is an unconstitutional dereliction of duty.

South Dakota has been proud to… https://t.co/s4NMyvyu3Y

— Kristi Noem (@KristiNoem) January 24, 2024

Governor @GregAbbott_TX is doing what @POTUS won’t.

By refusing to act, President Biden is inviting cartels, illegal drugs, and human trafficking into the United States.

We must secure the southern border. https://t.co/K1tAy6pE4e

— Governor Greg Gianforte (@GovGianforte) January 24, 2024

Virginia stands with Texas. @GregAbbott_TX is doing the job Joe Biden and his border czar refuse to do to secure our border.

The Biden administration has turned every state into a border state. We must stop the flow of fentanyl, save lives, and secure our southern border. https://t.co/XaPu2RqJBP

— Glenn Youngkin (@GlennYoungkin) January 25, 2024

Enough is enough. Our southern border is in crisis thanks to the Biden administration’s refusal to do their job.@GregAbbott_TX and the state of Texas have our full support. https://t.co/dmJKMsviTV

— Brian Kemp (@BrianKempGA) January 25, 2024

The border is a disaster that continues to spiral out of control, both in terms of people and deadly fentanyl traffic. This is not a partisan issue. This is a national security issue. This is a common sense issue. This is an American issue.

Utah thanks Texas and Gov. Abbott for… https://t.co/sAuQL37qn5

— Utah Gov. Spencer J. Cox (@GovCox) January 25, 2024

If the Constitution really made states powerless to defend themselves against an invasion, it wouldn’t have been ratified in the first place and Texas would have never joined the union when it did.

TX is upholding the law while Biden is flouting it.

FL will keep assisting… https://t.co/qOJY2zT1hG

— Ron DeSantis (@GovRonDeSantis) January 24, 2024

Updated again: Here are the 25 states that are siding with Texas against Biden.

Florida – Virginia – Iowa – Georgia – North Dakota – South Dakota – Tennessee – Alabama – Montana – Idaho – Utah – West Virginia – Oklahoma – Nebraska – Louisiana – Arkansas – Wyoming – Nevada -… https://t.co/bYp9Ggw9Yv pic.twitter.com/OjTlU2ZcMe

— Marina Medvin