Arizona Attorney General Mark Brnovich claims in a new legal opinion that Republican Gov. Doug Ducey can declare the Grand Canyon State to be under “invasion” in order to begin deporting suspected illegal immigrants — but Ducey appears reluctant to do so.
The approach would theoretically allow Arizona to break with the Biden administration and start turning away people at the US-Mexico border, where officials made approximately 1.9 million arrests last year.
“The federal government’s failure to secure the border and protect Arizona from invasion is dangerous and unprecedented,” Brnovich wrote. “Thankfully, the Founders foresaw that States might need to protect themselves from invasion and made clear in the Constitution that States retain the sovereign power to defend themselves within their own territory.”
Republican Arizona state Rep. Jake Hoffman requested the opinion, which was published Monday night, after former Trump administration officials Ken Cuccinelli and Russ Vought proposed last year that border states like Arizona dust off an obscure provision in the Constitution to address the border crisis.
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