Tom Homan says Texas border sheriffs, judges right to ask for declaration of invasion: 'They've had it'

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Tom Homan: Border officials may ask Gov. Abbott to declare an invasion

Former ICE director Tom Homan on why border officials want an official invasion declaration from Texas Gov. Greg Abbott

Former acting ICE director Tom Homan is pushing for Texas to declare an invasion as the border crisis escalates as a result of Biden's open border policies. 

Homan joined "Fox & Friends" Tuesday to reveal exclusively that local judges and sheriffs will ask Texas Governor Greg Abbott for an invasion declaration in order to step up measures to secure the southern border.

"There's a press conference out of Texas this afternoon with several sheriffs and several judges. And I've been pushing the idea, along with several others, that we need to look at the invasion clause of the Constitution," said Homan, adding that state and local officials want to be able to make arrests of people crossing illegally. 

TEXAS SHERIFF TAKES MIGRANT CRISIS INTO OWN HANDS, DRIVES DETAINEES BACK TO BORDER

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Arizona Attorney General Mark Brnovich classified the crisis as an invasion back in February, a move he said would give the state the power to take additional measures to defend itself.

"The violence and lawlessness at the border caused by transnational cartels and gangs satisfies the definition of an ‘invasion’ under the U.S. Constitution, and Arizona therefore has the power to defend itself from this invasion under the Governor’s authority as Commander-in-Chief," Brnovich wrote. "An actual invasion permits the State to engage in defensive actions within its own territory at or near its border." 

They have pointed to language in Article I of the Constitution, which allows for States to "engage in War" when it has been "actually invaded, or in such imminent Danger as will not admit of delay" without the approval of Congress. They also note Article IV says the U.S. "shall protest each [state] against invasion."

Texas Gov. Greg Abbott joined state & local officials in Eagle Pass to announce the expansion of Texas’ ongoing border security operations (Texas governor's office)

Homan said border sheriffs are "fed up" with the rise in crime, and deaths all associated with the border crisis and want to enforce border security if the federal government will not. 

Homan said declaring the border crisis as an "invasion" is "the next step for Texas," to secure the border. 

"I think that for the good of the counties in Texas, for the good of the safety of Texans, this is the next step. I think the sheriffs are making a good plea and I support them on it." 

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Homan called out Department of Homeland Security Secretary Alejandro Mayorkas for pointing to climate change and COVID for the surge in migrants and claiming the border is under control.

"He's an embarrassment to the position he holds," Homan told host Brian Kilmeade, accusing Mayorkas of lying and having "no integrity."

Fox News' Adam Shaw contributed to this report