87S20005 KSM-F By: Perry, et al. S.C.R. No. 3 CONCURRENT RESOLUTION WHEREAS, The State of Texas and the United States federal government are charged with protecting 1,254 miles of land along Texas' border with Mexico, a job that has become increasingly violent as this state has succumbed to a foreign drug cartel-facilitated invasion; and WHEREAS, These foreign drug cartels bring terror to Texas communities by flooding the streets with deadly narcotics, forcing women and children into human and sex trafficking, enriching themselves on the misery and enslavement of Texans, and butchering and murdering anyone who tries to stop them; and WHEREAS, In fiscal year 2021, U.S. Customs and Border Protection reports over 200,000 pounds of illegal narcotics have been seized from foreign drug cartels in Texas; and WHEREAS, Specifically, federal seizures of fentanyl in Texas have dramatically increased by more than 950 percent this fiscal year; and WHEREAS, In fiscal year 2021, the U.S. Border Patrol has already arrested more than 7,800 noncitizens that were determined to have prior criminal records; and WHEREAS, The Office of the Texas Attorney General estimates that there are 234,000 victims of labor trafficking and 79,000 victims of youth and minor sex trafficking at any given time in Texas; and WHEREAS, State and local law enforcement agencies are forced to contend with extensive and dangerous criminal activity resulting from, or associated with, foreign drug cartels, thereby putting Texas law enforcement officials in danger and draining resources away from protecting our communities; and WHEREAS, The State of Texas has attempted to address the problem by adding hundreds of commissioned law enforcement officers to the border, purchasing state-of-the-art helicopters, conducting border security surge operations, and paying millions of dollars for overtime, training, equipment, and technology for local law enforcement; and WHEREAS, Law enforcement agencies working together in Texas have seized billions of dollars in illegal drugs and hundreds of millions in cash, along with thousands of firearms and weapons, all related to the foreign drug cartel-facilitated invasion; and WHEREAS, Texas has repeatedly asked the federal government to send more border security resources to the state, requesting an increase in manpower of border patrol agents and the deployment of National Guard troops; and WHEREAS, Texas prisons house thousands of violent offenders that claim foreign citizenship, and the state bears the cost of housing and prosecuting those offenders; and WHEREAS, Texas taxpayers have spent billions compensating for the lack of federal resources provided to the state; and WHEREAS, The unwillingness of the federal government to develop a comprehensive plan that would address this border security problem puts an unfair and unreasonable burden on the entire state, but in particular on Texas border communities; and WHEREAS, The federal government has failed to protect the State of Texas from this foreign drug cartel-facilitated invasion as required by Article IV, Section 4 of the United States Constitution; and WHEREAS, Under Article I, Section 10 of the United States Constitution, Texas is entitled as a sovereign state of the United States of America to protect itself against this current foreign drug cartel-facilitated invasion, which grants the State of Texas the power to defend the state when the state has been invaded, or is "in such imminent Danger as will not admit of delay"; now, therefore, be it RESOLVED, That the 87th Legislature of the State of Texas, 2nd Called Session, hereby respectfully request the federal government to immediately declare violent foreign drug cartels as foreign terrorist organizations under Section 219 of the Immigration and Nationality Act, 8 U.S.C. ยง 1189; and, be it further RESOLVED, That the Texas Legislature hereby find that foreign drug cartels have facilitated an invasion of the State of Texas and that the citizens of this state are in danger of irreparable harm; and, be it further RESOLVED, That the Texas Legislature hereby encourage the Texas Military Department and all applicable state resources as needed to use any and all authority under Article I, Section 10 of the United States Constitution to repel this violent foreign drug cartel-facilitated invasion, and that such authority should be invoked as the authorization for use of military force with the intention of utilizing such authority in the least lethal manner possible consistent with bringing this facilitated invasion to a conclusion at the earliest possible moment.