Unanimous Consent Request--S. Res. 741

Floor Speech

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Mr. MARSHALL. Res. 741, which is at the desk. I further ask that the resolution be agreed to, the preamble be agreed to, and that the motions to reconsider be considered made and laid upon the table with no intervening action or debate.

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Mr. MARSHALL. Mr. President, I rise to ask passage by unanimous consent, my resolution to express the sense of the Senate that the unprecedented crisis at the southern border constitutes an invasion of the United States of America and that it is the constitutional right of State Governors to repel the dangerous ongoing invasion across the southern border.

I encourage my colleagues to support this resolution because the Federal Government has failed--intentionally or unintentionally--to uphold its obligations to protect the States from invasion under article 4, section 4 of the U.S. Constitution.

During his campaign to become President, Joe Biden made it clear to the entire world that if he became President, America would be open-- not open for business but that our southern border would be open, wide open, for anyone and everyone to violate our Nation's immigration laws and to take advantage of America's generosity. Yes, it would be wide open for drug smugglers, convicted murderers, domestic abusers, and sex offenders, open for terror suspects.

In 2019, Joe Biden called for ``all those people seeking asylum'' to immediately surge to the border. He pledged free healthcare for illegal immigrants and pledged support for sanctuary cities. One of his first actions as President was ending proposed legislation to Congress that would provide a path to citizenship for 10 to 12 million illegal aliens residing in the United States.

On his first day in office, he halted construction of President Trump's border wall and halted the ``Remain in Mexico'' program.

This open border--opened by Joe Biden--has resulted in an unprecedented, unrelenting massive wave of illegal aliens entering our country.

Last year, Border Patrol made more than 1.7 million arrests of illegal immigrants along the southern border, which is the highest level ever recorded, and is on pace to arrest more than 2 million illegal immigrants along our border during this fiscal year.

And now that Joe Biden is prepared to end the title 42 policy that enabled us to expel many of those crossing the border back into Mexico, the vast majority of those violating our country's immigration laws will be released into the interior of our Nation where Democrats will insist they remain for the rest of their lives.

Last year, the number of drug overdose deaths in the United States topped 100,000--fentanyl being the cause of two-thirds of them. In fact, fentanyl is now the No. 1 cause of death of Americans, ages 18 to 45.

Last year, Border Patrol seized at the southern border 11,000 pounds of fentanyl, 5,400 pounds of heroin, 191,000 pounds of meth, 97,000 pounds of cocaine, and 10,000 pounds of ketamine--many, many, many multiples of the amounts needed to kill every man, woman, and child in the United States.

Now, if you speak to Border Patrol agents trying to deal with the crisis, they will tell you the Biden administration has completely forbidden them to enforce immigration law. They have been made ushers and nursemaids for illegal immigration.

This invasion is wreaking havoc on communities all across our country, and it simply cannot go on any longer. It is long past time for States to protect their interests because Joe Biden has made it clear the Federal Government will not.

President Biden's dereliction of duty and failure to take care that the laws be faithfully executed at our southern border has directly put the citizens of all 50 States in danger and has resulted in loss of life.

Let me be crystal clear. The violent activity and smuggling of drugs, humans, guns, and other illicit goods carried out by drug cartels and transnational criminal organizations meet the definitions of ``actually invaded'' under clause 3 of section 10 of article I of the U.S. Constitution; and ``invasion'' under section 4 of article IV of the U.S. Constitution; and Governors of all 50 States possess the authority and power as commander in chief of their respective States to repel the invasion described in paragraph 2.

I encourage the passage of this resolution to stand in solidarity with the Governors of these United States who must take matters in their own hands to protect their citizens against this invasion.

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