On Thursday, August 24, all 31 Republican members of the Arizona House of Representatives signed a letter written by Rep. David Marshall and addressed to Governor Katie Hobbs and Attorney General Kris Mayes. None of the Democrat members of the House signed this letter. The reason given for writing the letter was the “Necessity of Executive Action in Response to the Biden Administration’s Failures and Unconstitutional Border Policies.”
Apparently, this refers to Biden’s failure to comply with Article IV, Section 4 of the U. S. Constitution, which requires that the federal government protects the states against invasions.
The letter begins by listing a litany of grievances with the Biden administration.
“Last month, illegal crossings at our nation’s border with Mexico increased by 33%, with the sharpest increase occurring at the U.S. Customs and Border Protection’s Tucson Sector. Armed Mexican cartel members were recently arrested by Texas law enforcement authorities and it is well-documented that the cartel has profited from its exploitation of the federal government’s “easily penetrable” CBP One phone app. To make matters worse, the Biden Administration promised to fill in large gaps in the border barrier near the Morelos Dam in Yuma, but has inexplicably failed to follow through. The border wall materials have sat in the southwest desert, costing $47 million per year across the three years that Biden has been in office. And now, the White House is wastefully auctioning off the taxpayer-funded border wall materials for pennies on the dollar to thwart pending legislation in Congress that would require the federal government to use those materials or hand them over to border states like Arizona to use for their own defense.”
It goes on to point out that while many other states are taking legal action to ensure the protection of their citizens, Arizona is doing nothing, even though the Arizona Constitution demands that they do.
“Meanwhile, Arizona—a border state—has done nothing. Yet the Arizona Constitution commands our state’s elected officials to pursue any “available legal remedy” and “exercise [the state’s] sovereign authority” to protect Arizonans’ freedoms and preserve the checks and balances of the United States Constitution. ARIZ. CONST. art. II, § 3(B)(3). It is unconscionable to allow fentanyl and the cartel’s illegal activities to flow across our border and sit idly by as those threats demolish our state and harm our communities.”
The letter did not include any demand, or suggestion, for specific action, but it concluded with this plea for action.
“The continued lawlessness at our border will create long-lasting and devastating impacts on the welfare of our citizens and on our state’s economy and financial stability. Because the federal government has intentionally dismantled any opportunity to continue construction of the border wall and otherwise refuses to act in a manner consistent with the Constitution, it is your responsibility to seek accountability and enforce the Constitution in court. To protect the public health, safety, and well-being of all Arizonans, we urge you to make the exercise of Arizona’s sovereign authority in this area a top priority of your office.”