Judges Grapple With Invasion Theory in Texas-Biden Border Scrap

The Fifth Circuit delved deeper into the immigration battle on the Mexico border Wednesday, with some judges suggesting Texas can enact enforcement measures independent of the federal government because the state is under invasion.

During oral arguments in New Orleans on Texas’s construction of a floating barrier to deter illegal crossings, several conservative judges suggested the court doesn’t have authority to decide if a surge in migrants equals an invasion.

“If it’s non-justiciable, then the action that Texas has taken stands unmolested,” Judge Jerry Smith said.

Smith mentioning the invasion theory prompted Judge Edith Jones to say she “hadn’t been ...