Texas should have declared border invasion long ago, says Border Patrol Council VP

Art Del Cueto tells 'Fox & Friends First' Biden admin is overseeing 'catch and release' program

National Border Patrol Council VP Art Del Cueto called on Texas Governor Greg Abbott to declare an "invasion" at the southern border. 

Del Cueto joined "Fox & Friends First" Wednesday to explain the significance of what it would mean for the state to declare an invasion after several counties have done so. 

"It's pretty much a catch and release is what's happening. Everyone's overwhelmed and somebody needs to do something about it," he told host Carley Shimkus.

Multiple Texas counties on Tuesday declared that the migrant crisis at the southern border is an "invasion," Fox News has learned, a move that could lead to similar declarations across the state.

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Former Office of Management and Budget (OMB) Director Russ Vought and former acting deputy DHS Secretary Ken Cuccinelli, both now at the Center for Renewing America have urged governors to make the declarations and use war powers to order Arizona’s police or National Guard to remove illegal immigrants to Mexico themselves.

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 protect each [state] against invasion."

Del Cueto said declaring an invasion allows for greater access to resources for communities affected by mass migration. He also emphasized how drug cartels have the ability to flourish because of gaps at the southern border. 

"You have to be able to deport some of these individuals. And just like I said, if the federal government isn't doing something about it at this point, somebody needs to do something. You can't just wave the white flag. That's the bottom line."

Del Cueto said Border Patrol is overwhelmed and said Texas "should have declared an invasion a long time ago."

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

Del Cueto concluded by stating that migrants will continue to cross as they are incentivized to do so under the current system.

"A lot of these individuals are getting the message that all they have to do is cross, turn themselves over to an agent, claim some type of asylum, and they'll be released in the United States. There is no consequence for their actions."

Fox News' Adam Shaw contributed to this report 

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