SENATE CONCURRENT RESOLUTION 27

(By Senators Maynard, Azinger, Chapman, Rucker, Taylor, Roberts, Smith, and Stuart)

[Introduced February 5, 2024]

Affirming the power of all 50 states to repel invasions as stated in the United States Constitution.

Whereas, U.S. Drug Enforcement Agency Administrator Anne Milgram stated, "Fentanyl is the single deadliest drug threat our nation has ever encountered. Fentanyl is everywhere. From large metropolitan areas to rural America, no community is safe from this poison. We must take every opportunity to spread the word to prevent fentanyl-related overdose death and poisonings from claiming scores of American lives every day."; and

Whereas, The unrestricted flow of human beings across the southern border leaves women, and especially children, vulnerable to abuse, rape, and human trafficking; and

Whereas, In a January 17, 2024, letter to U.S. House Speaker Mike Johnson and U.S. Senate Majority Leader Chuck Schumer, led by Mr. Kevin R. Brock, retired FBI Principal Deputy Director of the National Counterterrorism Center, and Mr. Chris Swecker, retired FBI Assistant Director, Criminal Investigative Division stated, "The threat we call out today is new and unfamiliar. In its modern history the U.S. has never suffered an invasion of the homeland and, yet, one is unfolding now. Military aged men from across the globe, many from countries or regions not friendly to the United States, are landing in waves on our soil by the thousands – not by splashing ashore from or a ship or parachuting from a plane but rather by foot across a border that has accurately advertised around the world as largely unprotected with ready access granted."; and

Whereas, Brock and Swecker further stated, "Any violation of the nation's immigration laws increases risks, but the surge in number of single, military aged males descending upon American cities and towns is alarming and perilous. Additionally, they are not just from terror linked regions, but from China and Russia as well -- hostile adversaries of the U.S. with aspirations to devastate national infrastructures."; and

Whereas, "For these reasons, elements of this recent surge are likely no accident or coincidence. These men are potential operators in what appears to be an accelerated and strategic penetration, a soft invasion, designed to gain internal access to a country that cannot be invaded militarily in order to inflict catastrophic damage if and when enemies deem it necessary," concluded Messrs. Brock and Swecker; and

Whereas, Texas Governor Greg Abbott issued a statement on January 24, 2024, stating, "The failure of the Biden Administration to fulfill the duties imposed by Article IV, Section 4 has triggered Article I, Section 10, Clause 3, which reserves to this state the right of self-defense. For these reasons, I have already declared an invasion under Article 1, Section 10, Clause 3 to invoke Texas' constitutional authority to defend and protect itself.  That authority is the supreme law of the land and supersedes any federal statutes to the contrary. The Texas National Guard, the Texas Department of Public Safety, and other Texas personnel acting on that authority, as well as state law, to secure the state border."; and

Whereas, Former President Donald J. Trump on Truth Social encouraged all "willing States to deploy their guards to Texas to prevent the entry of illegals, and to remove them back across the border" in a posted dated January 25, 2024; and

Whereas, On January 25, 2024, 25 governors released a joint statement in support of Texas Governor Greg Abbott and Texas’ constitutional right to self-defense; and

Whereas, "President Biden and his Administration have left Americans and our country completely vulnerable to unprecedented illegal immigration pouring across the Southern border. Instead of upholding the rule of law and securing the border, the Biden Administration has attacked and sued Texas for stepping up to protect American citizens from historic levels of illegal immigrants, deadly drugs like fentanyl, and terrorists entering our country”; and

Whereas, The 25 governors stated, that "We stand in solidarity with our fellow Governor, Greg Abbott, and the State of Texas in utilizing every tool and strategy, including razor wire fences, to secure the border. We do it in part because the Biden Administration is refusing to enforce immigration laws already on the books and is illegally allowing mass parole across America of migrants who entered our country illegally”; and

Whereas, The 25 governors concluded that "The authors of the U.S. Constitution made clear that in times like this, states have a right of self-defense, under Article 4, Section 4 and Article 1, Section 10, Clause 3 of the U.S. Constitution. Because the Biden Administration has abdicated its constitutional compact duties to the states, Texas has every legal justification to protect the sovereignty of our states and our nation."; and

Whereas, The Signatories include: Governor Kay Ivey (AL), Governor Mike Dunleavy (AK), Governor Sarah Sanders (AR), Governor Ron DeSantis (FL), Governor Brian Kemp (GA), Governor Brad Little (ID), Governor Eric Holcomb (IN), Governor Kim Reynolds (IA), Governor Jeff Landry (LA), Governor Tate Reeves (MS), Governor Mike Parson (MO), Governor Greg Gianforte (MT), Governor Jim Pillen (NE), Governor Joe Lombardo (NV), Governor Chris Sununu (NH), Governor Doug Burgum (ND), Governor Mike DeWine (OH), Governor Kevin Stitt (OK), Governor Henry McMaster (SC), Governor Kristi Noem (SD), Governor Bill Lee (TN), Governor Spencer Cox (UT), Governor Glenn Youngkin (VA), Governor Jim Justice (WV), and Governor Mark Gordon (WY); therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby affirms the power of all 50 states to repel invasions as stated in the United States Constitution; and, be it

Further Resolved, That the Legislature hereby rejects the status quo stand-off on the nation’s borders and reaffirms the United States Constitution powers of all 50 states to repel the invasion of all illegal aliens entering Texas and return them back to Mexico; and be it

Further Resolved, That the Legislature supports re-activating the West Virginia National Guard, under the command of Texas Governor Greg Abbott, to lawfully repel an invasion and return the illegal aliens back to Mexico; and be it

Further Resolved, That the Legislature goes on record that West Virginia would not have agreed to join the union if West Virginia forfeited its right to repel an invasion; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to Texas Governor Greg Abbott, all members of the West Virginia National Guard, and all K-12 students in West Virginia as part of their study of the U.S. Constitution.