Publication Date
2024
Abstract
Operation Lone Star, promoted by Texas as a border protection program, faces legal challenges for exceeding federal authority over immigration. In response to a federal lawsuit over the placement of buoys in the Rio Grande—a physical barrier aimed at deterring migrants—Texas defended its actions under the State War Power provision, asserting that it was “repelling an invasion” and required no congressional approval. This Note examines the rhetoric framing immigration as an invasion, beginning with an analysis of immigration powers and federalism before addressing the issues in United States v. Abbott. While the constitutionality of a state unilaterally declaring an invasion and determining its own means of response remains a nonjusticiable political question, precedent set by Congress and the judiciary suggests that immigration does not meet the definition of an invasion.
Recommended Citation
Mares, Anna Carolina
(2024)
"Operation Lone Star: Laying to Rest the Notion That Immigration Is an Invasion,"
Georgia Law Review: Vol. 59:
No.
1, Article 8.
Available at:
https://digitalcommons.law.uga.edu/glr/vol59/iss1/8