Texas Attorney General Ken Paxton on Wednesday endorsed a nonbinding House resolution that would declare that cartels, terrorists and other criminal actors invaded the southern border states during the Biden administration and that the Constitution allows states to act unilaterally against those threats.
H.Res.50, introduced by U.S. Rep. Jodey Arrington (R-Texas) on January 16, 2025, has remained before the House Judiciary Committee since its referral. The measure had 40 cosponsors as of Wednesday.
As a simple House resolution, the measure would express the chamber’s position but would remain nonbinding. It would not require Senate approval, go to President Donald Trump or carry the force of law.
Resolution invokes state war powers
Article I, Section 10 of the Constitution bars states from engaging in war without congressional consent unless they are “actually invaded, or in such imminent Danger as will not admit of delay.” Article IV requires the federal government to protect each state against invasion.
H.Res.50 would declare as a matter of fact that Texas, New Mexico, Arizona and California were invaded or faced imminent danger from 2021 through 2024. It would also declare that those states had sovereign and unilateral authority to defend themselves against paramilitary, narco-terrorist cartels, terrorists and criminal actors.
“H.Res.50 serves as a vindication of Texas’s actions to defend its borders and a repudiation of the Biden-era legal attacks against our state. Importantly, it is a step toward strengthening border security going forward,” Paxton said.
“I am in strong support of H.Res.50 as it further affirms that the Constitution’s Self-Defense Clause gives states an independent right to act when invaded, as Texas was under Joe Biden,” he added.
Resolution does not mention SB4
Paxton’s office also said the resolution “affirms the constitutionality” of Texas SB4. H.Res.50 does not mention SB4 by name, and the nonbinding measure would not itself settle the law’s constitutionality. It would instead create House findings that Paxton and Arrington say support Texas’ legal position.
SB4 criminalizes illegal entry from a foreign nation and illegal reentry by certain aliens. It also authorizes state judges to issue orders requiring certain defendants to return to the foreign nation from which they entered or attempted to enter.
The law has faced federal litigation since shortly after enactment, as previously reported by The Dallas Express. The full Fifth Circuit vacated a preliminary injunction on April 24, 2026, because the plaintiffs lacked standing, but the court’s opinion expressly declined to decide whether SB4 conflicts with federal immigration law.
A new class-action challenge remains pending. The Fifth Circuit stayed a lower court’s injunction on May 29, 2026, allowing the challenged provisions to remain in effect while the appeal proceeds.
No House action since introduction
Every Texas Republican in the House endorsed H.Res.50 in May, but Congress has recorded no further action beyond its January 2025 referral to the Judiciary Committee.
“Congress should act now to ensure that no future administration can leave border states defenseless again,” Arrington said.
Provided by Dallas Express
