,,iii #aagth ,,congress #b;d ,session ,s4 ,,res4 #gda ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #c1 #bjbb,mr4 ,marshall submitted the following resolution2 which was referred to the ,committee on the ,judiciary ,,resolution ,to express the sense of the ,senate regarding the constitutional right of ,state ,governors to repel the dangerous ongoing invasion across the ,united ,states southern border4 ,whereas1 during a #bjai ,democratic presidential primary debate1 ,president ,biden called for all those people seeking asylum to immediately surge to the border2 ,whereas1 during a #bjai ,democratic presidential primary debate1 ,president ,biden raised his hand when candidates were asked if their health plans will provide coverage for illegal immigrants2 ,whereas1 during a #bjbj ,democratic presidential primary debate1 ,president ,biden pledged support for sanctuary cities when he stated that illegal immigrants arrested by local police should not be turned over to ,federal immigration authorities2 ,whereas1 on ,january #bj1 #bjba1 one of ,president ,biden's first actions as ,president was sending proposed legislation1 the ,u4,s4 ,citizenship ,act1 to ,congress1 which would provide a path to citizenship for an estimated #aj1jjj1jjj to #ab1jjj1jjj illegal immigrants who are currently residing in the ,united ,states2 ,whereas1 on ,january #bj1 #bjba1 ,president ,biden also issued a ,proclamation on the ,termination ,of ,emergency ,with ,respect ,to ,the ,southern ,border ,of ,the ,united ,states ,and ,redirection ,of ,funds ,diverted ,to ,border ,wall ,construction1 which halted construction of physical barriers along the international border between the ,united ,states and ,mexico1 and he later terminated existing border wall construction contracts and failed to obligate more than #a1jjj1jjj1jjj that ,congress had lawfully appropriated for border wall construction2 ,whereas1 on ,january #bj1 #bjba1 ,president ,biden also halted enrollments in the ,migrant ,protection ,protocols policy1 which is also known as the remain in ,mexico program2 ,whereas on ,february #f1 #bjba1 ,u4,s4 ,secretary of ,state ,antony ,blinken suspended and terminated the ,asylum ,cooperative ,agreements with the ,governments of ,el ,salvador1 of ,guatemala1 and of ,honduras2 ,whereas in ,march #bjbb1 the ,department of ,homeland ,security began implementing the interim final rule titled ,procedures for ,credible ,fear ,screening and ,consideration of ,asylum1 ,withholding of ,removal1 and ,,cat ,protection ,claims by ,asylum ,officers which authorizes ,u4,s4 ,citizenship and ,immigration ,services to consider the asylum applications of individuals subject to expedited removal and violates the law enacted by ,congress that requires asylum seekers to offer evidence to persuade a judge in an immigration court2 ,whereas1 during fiscal year #bjba1 ,u4,s4 ,immigration and ,customs ,enforcement executed #ei1jjj deportations1 which represents the lowest number of deportations since fiscal year #bjjh1 and fewer than #a_/c as many deportations as the number of people who were deported during fiscal year #bjbj1 and is significantly lower than the #bbf1jjj to #daj1jjj removals that occurred every fiscal year since #bjjh2 ,whereas1 during fiscal year #bjba1 ,u4,s4 ,immigration and ,customs ,enforcement-- 7#a7 arrested #dh percent fewer convicted criminals than had been arrested during the prior fiscal year2 7#b7 deported #fc percent fewer criminals than had been deported in the prior fiscal year2 and 7#c7 issued #ef percent fewer detainer requests to local authorities than had been issued in the prior fiscal year2 ,whereas1 during fiscal year #bjba1 ,u4,s4 ,customs and ,border ,protection made more than #a1gjj1jjj arrests of illegal immigrants along the international border between the ,united ,states and ,mexico1 which is the highest level ever recorded1 and is on pace to arrest more than #b1jjj1jjj illegal immigrants along such border during fiscal year #bjbb2 ,whereas1 on ,april #a1 #bjbb1 ,president ,biden announced the termination of a public health policy used to expel potentially infected illegal immigrants during the ,,covid-#ai pandemic 7commonly known as title #db72 ,whereas1 on ,september #cj1 #bjba1 ,department of ,homeland ,security ,secretary ,alejandro ,mayorkas issued a memorandum titled ,guidelines for the ,enforcement of ,civil ,immigration ,law1 which stated that an alien's illegal status in the ,united ,states should not be the sole basis of an enforcement action and prioritized for apprehension and removal aliens who are a threat to national security1 public safety1 or border security2 ,whereas1 on ,october #ab1 #bjba1 ,secretary ,mayorkas issued a memorandum titled ,worksite ,enforcement3 ,the ,strategy to ,protect the ,american ,labor ,market1 the ,conditions of the ,american ,worksite1 and the ,dignity of the ,individual1 which included ,department-wide guidance to cease mass worksite operations1 among other instructions2 ,whereas1 on ,october #bg1 #bjba1 ,secretary ,mayorkas issued a memorandum titled ,guidelines for ,enforcement ,actions in or ,near ,protected ,areas1 which listed numerous protected areas where the enforcement of ,federal immigration law should not occur2 ,whereas1 in ,may #bjbb1 ,u4,s4 ,customs and ,border ,protection arrested #bci1daf illegal immigrants along the international border between the ,united ,states and ,mexico1 which is the highest number of arrests ever recorded in a single month2 ,whereas ,president ,biden's fiscal year #bjbc budget request aims to shift the ,department of ,homeland ,security's border management away from enforcement and toward effectively managing irregular migration along the ,southwest border2 ,whereas ,u4,s4 ,customs and ,border ,protection has apprehended illegal immigrants from ,mexico1 ,guatemala1 ,el ,salvador1 ,nicaragua1 ,cuba1 ,haiti1 ,brazil1 other ,central and ,latin ,american nations1 ,turkey1 ,india1 ,russia1 and other nations outside of the ,western ,hemisphere2 ,whereas ,u4,s4 ,customs and ,border ,patrol has apprehended #ej people since ,october #a1 #bjba along the international border between the ,united ,states and ,mexico who are listed on the ,federal ,bureau of ,investigations' terrorist screening database2 ,whereas1 ,u4,s4 ,customs and ,border ,protection arrested more than #g1jjj illegal aliens in fiscal year #bjbb who have been convicted of #a or more crimes in the ,united ,states or abroad1 including-- 7#a7 #bai convicted sexual criminals2 7#b7 #de who were convicted of homicide or manslaughter2 7#c7 #aie who were convicted of illegal weapons possession1 transport1 or trafficking2 7#d7 #efa who were convicted of burglary1 robbery1 larceny1 theft1 or fraud2 and 7#e7 #gaa who were convicted of assault1 battery1 or domestic violence2 ,whereas1 during fiscal year #bjba1 ,u4,s4 ,customs and ,border ,protection seized-- 7#a7 #aa1bjc pounds of fentanyl2 7#b7 #e1djj pounds of heroin2 7#c7 #aia1 #hbd pounds of methamphetamine2 7#d7 #ig1fch pounds of cocaine2 and 7#e7 #aj1hdh pounds of ketamine2 ,whereas1 provisional data from the ,national ,center for ,health ,statistics of the ,centers for ,disease ,control and ,prevention estimates that there were #ajg1fbb drug overdose deaths in the ,united ,states during #bjba1 an increase of nearly #ae percent from the estimated #ic1fee deaths in #bjbj1 with overdose deaths involving opioids increasing from an estimated #gj1jbi in #bjbj to an estimated #hj1haf in #bjba1 and overdose deaths from synthetic opioids 7primarily fentanyl71 psychostimulants 7such as methamphetamine71 and cocaine also increasing during #bjba4 ,whereas clause #a of section #aj of article ,i of the ,united ,states ,constitution states1 in part1 ,no ,state shall1 without the ,consent of ,congress ''' engage in ,war1 unless actually invaded1 or in such imminent ,danger as will not admit of delay42 ,whereas section #d of article ,,iv of the ,united ,states ,constitution states1 in part1 ,the ,united ,states shall guarantee to every ,state in this ,union a ,republican ,form of ,government1 and shall protect each of them against ,invasion2 ,whereas1 in the context of known security concerns due to a lack of proper vetting processes and systems1 and in conjunction with how the mass unlawful movement of people across the border of the ,united ,states directly empowers and enriches cartels and transnational gangs1 the totality of such activity constitutes an invasion2 ,whereas1 on ,october #bf1 #bjba1 ,arizona ,state ,representative ,jake ,hoffman sent a letter to ,arizona ,attorney ,general ,mark ,brnovich requesting a formal legal opinion determining whether ,president ,biden has violated his obligations to protect ,arizona from invasion under section #d of article ,,iv of the ,united ,states ,constitution2 and ,whereas1 on ,february #g1 #bjbb1 ,arizona ,attorney ,general ,mark ,brnovich issued a formal legal opinion1 which states1 in part-- 7#a7 ,the on-the-ground violence and lawlessness at ,arizona's border caused by cartels and gangs is extensive1 well-documented1 and persistent4 ,it can satisfy the definition of #8actually invaded' and #8invasion' under the ,u4,s4 ,constitution42 and 7#b7 ,arizona retains the independent authority under the ,state ,self-,defense ,clause to defend itself when actually invaded43 ,now1 therefore1 be it ,that the ,senate finds that-- 7#a7 ,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 #ej ,states in danger and has resulted in loss of life2 7#b7 the violent activity and smuggling of drugs1 humans1 guns1 and other illicit goods carried out by drug cartels and transnational criminal organizations1 and the crossing of the international border between legal ports of entry by significant numbers of individuals contrary to the laws of the ,united ,states1 meet the definitions of-- 7,a7 actually invaded under clause #c of section #aj of article ,i of the ,united ,states ,constitution2 and 7,b7 invasion under section #d of article ,,iv of the ,united ,states ,constitution2 and 7#c7 ,governors of all #ej ,states possess the authority and power as ,commander-in-,chief of their respective ,states to repel the invasion described in paragraph 7#b74