Sen. Roger Marshall demands southern border crisis be classified as 'an invasion'

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FIRST ON FOX: Sen. Roger Marshall, R-Kan., will bring a resolution to the floor Tuesday afternoon to declare the illegal migrant crisis at the southern border "an invasion," his office told Fox News Digital exclusively. 

Marshall will seek unanimous consent to pass the resolution on the Senate floor, meaning that any one senator could block it. 

"Joe Biden has the power to secure our borders; instead, he has chosen to break the law, resulting in the worst border crisis in history," Marshall told Fox News Digita in a statementl. "I do not know how Joe Biden sleeps at night knowing terrorists, CCP nationals, cartels, and worse are living here in the interior of our country." 

The resolution comes as Texas Republicans are unifying behind Gov. Greg Abbott amid his feud with the Biden administration over defending the border from thousands of illegal migrants.

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Sen. Roger Marshall speaks at a press conference at the U.S. Capitol on Aug. 5, 2022, in Washington, D.C. (Kevin Dietsch/Getty Images)

"Since our commander in chief won’t stop this historic crisis, an invasion declaration, as defined by the U.S. Constitution, allows Congress to recognize each state’s right to secure their own borders," Marshall said. "Where Joe Biden fails to put Americans safety first, our resolution acknowledges each state’s right to secure their borders themselves, as leaders like Texas Gov. Greg Abbott have. The cartels and the CCP should not have more operational control of our borders than we do."  

The resolution states that due to "President Biden’s dereliction of duty" and "failure" to enforce current border laws, citizens in all 50 states have been endangered. It contends that violent activities and smuggling carried out by drug cartels and criminal organizations, along with illegal border crossings, meet the definition of "actually invaded" under the U.S. Constitution.

Marshall is expected to say that "The President has not done his constitutional duty, we’ve established that. Thus, we must invoke and concur with the governor of Texas, that an actual invasion has occurred." 

"The governor of Texas, Governor Abbott, has not just a moral responsibility, but the constitutional right to invoke his power and authority to do everything in his capabilities, to protect the good people of Texas," he is expected to say. 

"Governors of all 50 States possess the authority and power as Commander-in-Chief of their respective States to repel the invasion," the resolution reads. 

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Migrants are processed for entry by U.S. Customs and Border Protection. (Jon Michael Raasch/Fox News Digital)

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Marshall is one of more than 20 GOP senators who oppose the bipartisan border bill that was released Sunday, arguing it provides more sole powers to President Biden and does not reduce the number of illegal crossings to zero. The Senate will take up a cloture vote on Wednesday to advance the bill, which includes billions of dollars in aid to Israel and Ukraine, and will need a 60-vote majority to pass.