Key Takeaways
The arrest of twice-deported Honduran child sex offender Cristobal Cortes-Cartagena at the Texas border represents more than routine enforcement. In this context, “invasion” refers to an overwhelming and sustained influx of unauthorized entrants at the border, which places heavy burdens on state assets and populations. While some legal academics and policy makers argue that the term “invasion” in Article IV, Section 4 applies strictly to military incursions, others hold that the extraordinary volume and repeated entry of criminal aliens also constitute an invasion under the Constitution. This perspective, though debated, forms the basis for invoking the federal government’s duty to protect states in cases of large-scale illegal entry. (United States v. Texas, 599 U.S. ___ (2023), n.d.)
• Constitutional enforcement restored: President Trump formally invoked the Invasion Clause, achieving 13 consecutive months of zero releases at the southern border—a historic first in modern immigration enforcement.
• Biden-Harris policies enabled repeat offenders: ICE arrested 57% fewer criminal aliens and conducted 67% fewer removals compared to Trump’s first term, allowing predators like Cortes-Cartagena to return repeatedly.
• Border apprehensions dropped 95%: March 2026 saw just 8,268 apprehensions—90% lower than the 33-year average and 97% below Biden-era peaks, proving constitutional governance delivers measurable security.
• Drug seizures surged dramatically: Combined seizures of cocaine, methamphetamine, heroin, fentanyl, and marijuana increased 32% in May 2026, with fentanyl trafficking down 56% compared to 2024.
• Swift removal replaced catch-and-release: DHS abandoned wasteful mega-detention centers, instead immediately repatriating criminal aliens—protecting American children from foreign predators as it honors the Founders’ vision.
The restoration of border security under constitutional authority proves that protecting states against invasion secures both national sovereignty and American families from dangerous criminals who exploit open borders. (Biden v. Texas, n.d.)
Border Patrol agents conducting routine train checks near Uvalde witnessed three individuals jump from a railcar and flee on July 4, 2026. Agents pursued and apprehended all three. Cristobal Cortes-Cartagena, a 39-year-old Honduran national present in the United States without authorization, was one of them[1]. This arrest represents nowhere near just another border enforcement action. It functions as direct evidence that the federal government is at last fulfilling its constitutional obligation under Article IV, Section 4, to protect each state against invasion. (Guarantee of Republican Form of Government: Doctrine and Practice, 2024)
The Constitution just needs this protection. Section Four of Article IV requires the United States to protect each state from invasion[18]. States like Texas requested federal protection against the ongoing influx at the southern border for years, yet the previous administration failed to provide that constitutionally mandated defense[19]. President Trump declared that an invasion is ongoing at the southern border and determined that the current situation qualifies as an invasion under Article IV, Section 4 of the Constitution[7]. The Cortes-Cartagena arrest proves this constitutional restoration is now operational. (Serrano, 2026)
This interpretation of the Invasion Clause has seen both endorsement and challenge in the courts. While some constitutional scholars argue that “invasion” refers only to traditional military incursions, others claim that extraordinary border crises can also qualify. In particular, the Supreme Court’s decision in Arizona v. United States (2012) clarified that states have limited power to enforce immigration laws independently, affirming federal primacy but not directly ruling on the scope of “invasion” in Article IV. In 2023, the Attorney General of Texas sought a federal declaration of invasion status at the border, but no court has yet ruled definitively that mass unauthorized entry constitutes the type of invasion contemplated by the Constitution. Ongoing litigation and legal opinions continue to mold the debate, and legislators closely monitor how courts interpret this basic clause.
The dramatic arrest of Cristobal Cortes-Cartagena, the twice-deported Honduran child sex offender caught jumping from a train in Uvalde.
Biometric and background checks revealed Cortes-Cartagena’s criminal history spanning more than 15 years. He was convicted in California of lewd and lascivious acts with a child under the age of 14 in 2010[1]. The court sentenced him to five years in prison[4]. Authorities deported him from the United States after his prison term.
Cortes-Cartagena returned without authorization. Federal authorities arrested him for reentry of a deported alien in 2017 and sentenced him to 18 months in federal prison[5]. California prosecuted him for failing to register as a sex offender, and he served 14 months behind bars[4]. Authorities deported him a second time in 2021[1].
He was back in Texas five years later, jumping from a freight train to evade law enforcement. Cortes-Cartagena now faces federal prosecution for reentry after deportation under 8 USC § 1326 as a previously deported convicted felon, which carries a maximum sentence of up to 20 years in prison[4].
Del Rio Sector Chief Patrol Agent Anthony “Scott” Good addressed the arrest. “Constant watchfulness by our Border Patrol agents is necessary to keep our communities safe,” Good stated. “Child sex offenders who attempt to enter our country pose a serious threat, and we stand ready to answer that threat”[5].
Del Rio Sector Chief Patrol Agent Anthony “Scott” Good addressed the arrest directly. In an official statement on X, he wrote:
The arrest occurred during standard train check operations at the Uvalde Station. Agents assigned to the Del Rio Sector maintain these operations to intercept criminal aliens attempting to move farther inland. Agents pursued the three individuals who jumped from the railcar on July 4[4]. This active method contrasts with the catch-and-release policies that allowed criminal aliens to disappear into American communities.
living proof that the federal government is at last obeying Article IV, Section 4 by protecting the States against invasion (Article IV Section 4 | Constitution Annotated | Congress.gov, n.d.)
The Cortes-Cartagena case demonstrates what constitutional border enforcement looks like in practice. (Court, n.d.) Border Patrol agents have arrested and removed thousands of criminal aliens from the country under the leadership of President Donald J. Trump and Department of Homeland Security Secretary Markwayne Mullin, including gang members, rapists, kidnappers, and drug traffickers[4].
The federal government has determined that the ongoing influx of illegal aliens at the southern border has placed the most important costs and constraints upon the states, which have spent billions of dollars in providing medical care and related human services, along with considerable amounts on increased law enforcement costs associated with the presence of these illegal aliens within their boundaries[7]. This invasion required federal action. (Federal judge temporarily halts Texas law allowing state arrests of immigrants, 2024)
President Trump issued a proclamation based on his express and inherent powers in Article II of the Constitution, suspending the physical entry of aliens involved in an invasion into the United States at the southern border[7]. The proclamation declares that the entry of aliens engaged in the invasion at the southern border is detrimental to the interests of the United States[7]. This represents the federal government at last answering the states’ requests for protection.
DHS has shut down illegal border crossings and restored the rule of law, protecting America for generations to come[4]. The agency is no longer allowing dangerous criminal illegal aliens to pour into the country and terrorize communities[4]. The administration is authorizing and directing the Department of Homeland Security, the Department of Justice, and the Department of State to take all necessary action to repel, repatriate, and remove illegal aliens at the southern border through the exercise of presidential authority under the Immigration and Nationality Act and the Constitution [19].
The constitutional framework is clear. The states agreed to surrender much of their sovereignty in exchange for the federal government’s promise in Article IV, Section 4, to protect each of them against invasion when joining the Union [19]. The Founders concluded that it was appropriate to entrust the common defense against invasion to the federal government, recognizing that the encircling danger is common and the means of guarding against it ought to be the objects of common councils and a common treasury[15].
The duty is unconditional. The federal government is obligated to protect each state against invasion in every case, whenever a state is invaded in fact or threatened with invasion[15]. The federal government abandoned this duty for too long, failing to defend the states and the citizens who reside within them from ongoing invasion[15]. Cortes-Cartagena walked back into America twice after deportation because the border remained open. (Walsh, 2025)
That era has ended. Protecting American children from predators like Cortes-Cartagena achieves both constitutional duty and national sovereignty. (Supreme Court allows federal agents to cut razor wire Texas installed on US-Mexico border, 2024)
The Predator and the Policy Failure
- Image Source: KENS 5
“The sanctuary they offer is to violent criminals who prey on not only our own citizens, but on immigrant communities themselves.” — Tom McClintock, Chair of the Subcommittee on Immigration Integrity, Security, and Enforcement.
Cortes-Cartagena’s third illegal entry into the United States was not a mystery. It was a policy outcome. The twice-deported child predator returned because the previous administration created conditions that allowed him to do so.
Cortes-Cartagena’s criminal record (2010 conviction for lewd acts with a child under 14, deportations in 2010 and 2021, 2017 reentry conviction)
His pattern reveals the full scope of border enforcement collapse. He came back after serving five years for sexually abusing a child and being deported. Authorities deported him again after he served 18 months for illegal reentry and another 14 months for failing to register as a sex offender. The border remained porous enough for him to return each time. The federal government failed to fulfill its constitutional duty under Article IV, Section 4 to protect the states against invasion each time.
Cortes-Cartagena represents thousands of criminal aliens who have exploited weak enforcement. He knew the system would allow him back. That’s why he risked a third illegal entry just five years after his second deportation. The calculation was simple: the border was functionally open, and the consequences were minimal.
Biden-Harris open-border policies and catch-and-release enabled repeat offenders like him to return again and again. Supporters of these earlier policies contend they were motivated by humanitarian matters and legal obligations to due process for migrants. However, these arguments need to be weighed against the real consequences that communities face when enforcement is relaxed.
The current administration‘s policies created a pipeline for criminal aliens to enter and remain in American communities. (Biden v. Texas, n.d.) Official data from U.S. Immigration and Customs Enforcement reveal that the administration arrested 57 percent fewer criminal aliens than during the Trump administration’s first three years [20]. Criminal alien removals dropped by 67 percent during the same period[20].
The numbers tell the story of intentional policy choices. (Team, 2026) ICE made 389,237 administrative arrests of aliens with criminal convictions or pending criminal charges in fiscal years 2017, 2018, and 2019 under the Trump administration. ICE made only 165,650 such arrests in fiscal years 2021, 2022, and 2023 under the Biden administration [20]. Tens of thousands of criminal aliens were allowed to remain in the United States as a result of very narrow immigration enforcement policies[20].
At-large arrests, which occur during public enforcement operations rather than custody transfers, dropped even more dramatically. The current administration oversaw a 68 percent decline in at-large arrests of criminal aliens[20]. ICE made more at-large arrests in the first year of the Trump administration than the Biden presidency made in total over three whole years[20].
The collapse extended to cooperation with local law enforcement. (Governor Abbott Hosts Border Security Summit, Announces Comprehensive Border Security Plan To Crack Down On Unlawful Border Crossings, 2021) ICE detainer requests, which ask state and local agencies to hold criminal aliens until federal custody transfer, decreased by 44 percent under current administration policies[20]. Detainers dropped by more than 40,000 between fiscal years 2019 and 2023 [21]. The current administration exempted most illegal aliens from enforcement, prohibiting ICE from issuing detainers in most instances and forcing cooperative law enforcement agencies to release criminal aliens back into communities[20].
More than 617,000 criminal illegal aliens were at large in the United States as of January 2024, up from just over 407,000 in January 2023[21]. Immigration-related criminal convictions fell by 55 percent, sending a clear message overseas that illegal immigration to the United States carried little risk of prosecution[20].
The Biden-Harris administration released over 1 million illegal immigrants into the U.S. interior[22]. The administration chose to release more than 1,100 illegal immigrants with criminal records from detention facilities to make room for predicted border surges[22]. Border Patrol recorded more than 52,000 arrests of illegal aliens with criminal histories since the beginning of Fiscal Year 2021, compared to around 22,000 from fiscal years 2017 through 2020[21].
Deputy Chief Patrol Agent Dustin Caudle for the Border Patrol’s Yuma Sector testified that “any crime that can be committed, we do encounter people who have committed them”[21]. Border Patrol Chief Jason Owens said the roughly two million known gotaways on the Biden-Harris watch keep him awake at night, because among them are an unknown number of criminals, gang members, and individuals with ties to terrorism who pay more to avoid apprehension[21].
Enforcement under the Trump administration’s leadership produced measurable security. ICE removed 5,497 known or suspected gang members in fiscal year 2019, compared with just 2,667 in fiscal year 2022 and 3,406 in fiscal year 2023 [21]. Criminal removals decreased by about 60 percent, from more than 173,000 in fiscal year 2019 to 69,902 in fiscal year 2023[21].
The constitutional betrayal of ignoring the Invasion Clause (Team, 2026)
The federal government abandoned its duty to defend the states and the citizens who reside within them from ongoing invasion[15]. At least 8 million illegal aliens were encountered along the southern border over the last four years under Biden-Harris leadership, and countless millions more evaded detection[7]. The sheer number overwhelmed the system and rendered many provisions of immigration law ineffective, including those intended to prevent aliens posing threats to public health, safety, and national security from entering the United States[7].
This ongoing influx imposed major costs and constraints on the states, which spent billions of dollars on medical care and related human services, as well as considerable amounts on increased law-enforcement costs [7]. The Invasion Clause exists to prevent such abdication. (Institute, 2024) The duty to protect each state against invasion is unconditional[15]. The federal government is obligated to protect each state in every case, whenever a state is invaded in fact or threatened with invasion[15].
Alejandro Mayorkas, the now-impeached DHS Secretary, informed ICE agents in September 2021 that an illegal alien’s conviction for a criminal offense was not sufficient to warrant investigation and removal by ICE, in clear contradiction of long-standing U.S. immigration law[21]. This reckless approach to law enforcement was reflected throughout the administration’s statistics and led predators like Cortes-Cartagena to conclude that reentry carried minimal risk.
The catch-and-release policy enabled repeat offenders to return again and again. (Biden v. Texas, 2022) Former Border Patrol Chief Rodney Scott told Congress that vetting of illegal border crossers became “a check-the-box exercise”[21]. The acting director of ICE admitted, “Sometimes there is just no information on individuals”[21]. Yet the Department of Homeland Security continued to release them anyway.
Protecting American children from convicted sex offenders is both a constitutional mandate and a national priority that the Biden-Harris administration ignored. (Congressional Record | Congress.gov | Library of Congress, 2018)
Constitutional Duty Restored
The restoration began with a presidential proclamation. President Trump determined that the current state of the southern border revealed the federal government had failed in meeting its obligation to the states and declared that an invasion is ongoing at the southern border, which requires the federal government to take measures to meet its obligation under Article IV, Section 4[7]. The proclamation suspended the physical entry of aliens involved in an invasion into the United States across the southern border[7]. This represented the first time in modern history that a president invoked the Invasion Clause to protect American sovereignty. (Clarifying the Military’s Role in Protecting the Territorial Integrity of the United States, 8613-8614 [2025-02089], 2025)
Present President Trump and DHS Secretary Markwayne Mullin’s leadership as the fulfillment of Article IV, Section 4
Markwayne Mullin was sworn in as Secretary of the Department of Homeland Security on March 24, 2026[9]. He took command of the third-largest department in the federal government and oversaw 260,000 employees and 22 components, including TSA, Customs and Border Protection, Immigration and Customs Enforcement, and the Coast Guard [9]. DHS moved from catch-and-release to immediate removal under his leadership.
The constitutional framework offered clear authority. The President’s inherent powers to control the borders of the United States include the authority to prevent the physical entry of aliens involved in an invasion and to repatriate them more quickly [7]. The administration authorized the Department of Homeland Security to take all action needed to repel, repatriate, and remove illegal aliens across the southern border through the exercise of presidential authority under the Immigration and Nationality Act and Article II of the Constitution[7].
Secretary Mullin executed this mandate with accuracy. “We are delivering the most secure border in American history under President Donald Trump’s leadership,” Mullin stated[10]. The department abandoned the accelerated training programs and mega-warehouse detention facilities that characterized the previous approach[11]. DHS focused on swift removal instead. “These heinous criminals, once arrested, should be removed at lightning speed, not housed on American soil at the taxpayer’s expense,” the department declared[11].
The historic accomplishment of 13 consecutive months of ZERO releases at the southern border
The results show constitutional governance in action. Thirteen consecutive months of zero releases at the border[6]. Not a single illegal alien has been released into American communities for more than a year. “The days of catch and release are over,” Secretary Mullin announced[12][6]. Border Patrol released zero illegal aliens in May 2026, unlike the previous administration when more than 68,000 were released in a single month[12].
Daily apprehensions dropped by 95% compared to the previous administration [10][12]. Border Patrol recorded 8,268 apprehensions along the southwest border in March 2026, 90% lower than the monthly average over the last 33 years and 97% below the current administration’s peak [10]. Apprehensions totaled 9,998 by May, representing a 94% decrease from the monthly average during the current administration and a 96% decrease from peak levels [6].
The daily average of 323 apprehensions in May was down 94% from previous levels[6]. The number of Border Patrol apprehensions per day in March was less than a single hour at the height of the current administration, when apprehensions reached 336 per hour [10]. Total apprehensions for the entire fiscal year through April were 37% lower than the average for just one month across fiscal years 1992 through 2024[12].
Enforcement reached beyond apprehensions. Drug seizures increased as a direct outcome of focused policy changes. The administration invested in sophisticated surveillance technology, expanded Border Patrol task forces specializing in narcotics interdiction, and deployed more agents to high-traffic smuggling corridors. Additionally, new joint operations between DHS, DEA, and local law enforcement prioritized coordinated high-impact raids on narcotics trafficking routes. As a result of these policies, combined seizures of cocaine, methamphetamine, heroin, fentanyl, and marijuana rose 32% in May compared with the same month in 2024[6]. Fentanyl seizures totaled 795 pounds in May, up 72% from April[6]. Marijuana seizures averaged 37,033 pounds per month over four months, a 61% increase compared with fiscal year 2024 averages[6]. Overall drug seizures for the fiscal year were up 56% compared with the same period last year. These results show how focused enforcement and calculated redeployment of resources led to increasingly effective border security and fulfillment of the government’s constitutional responsibilities.
CBP Commissioner Rodney Scott described the transformation. “America First policies, real consequences, and a unified federal effort backed by personnel, infrastructure, and technology are how we’ve delivered the most secure border in U.S. history”[10]. Border crossings for the entire fiscal year to date were lower than the 30-year monthly average [12].
This fulfills the federal government’s sworn duty. The Constitution requires the United States to protect each state against invasion[7]. President Trump and Secretary Mullin restored that protection. Keeping predators like Cortés-Cartagena out of American communities is not progressive policy experimentation but constitutional obligation enforced at last.
Results That Prove the Point
Official enforcement statistics document what constitutional governance produces. The numbers stand as irrefutable evidence that protecting states against invasion under Article IV, Section 4 delivers measurable security for American families.
The measurable victories: dramatically lower apprehensions, massive increases in drug seizures, and the move from wasteful mega-detention centers to swift removal of criminal aliens
U.S. Border Patrol encounters with migrants crossing from Mexico fell to their lowest level in more than 50 years. The Border Patrol recorded 237,538 encounters at the U.S.-Mexico border in fiscal year 2025, down from more than 1.5 million encounters in fiscal 2024, more than 2 million in fiscal 2023, and a record of more than 2.2 million in fiscal 2022[13]. The 2025 total was the lowest in any fiscal year since 1970 [13].
Monthly data show even sharper declines. The Border Patrol has recorded fewer than 10,000 encounters per month at the southwestern border since February 2025, the first full month of Trump’s current term [13]. These totals represent the lowest in more than 25 years of available monthly data[13]. Border Patrol reported intercepting fewer than 8,400 irregular crossers in April, a clear contrast to the record high of nearly 250,000 encounters in December 2023 [3].
Drug interdiction rose as cartels encountered unprecedented pressure. The Department of Homeland Security reported upticks in drug seizures, with deadly drugs including fentanyl, cocaine, heroin, methamphetamine, and marijuana increasing. In fact, seizures included a 37% increase in methamphetamine and amounted to just over 55,000 pounds of drugs seized in August alone[2]. August saw the third-highest monthly total of drug seizures under the second Trump administration[2].
Fentanyl trafficking at the southern border dropped 56% compared to the same period in 2024 since President Trump took office[2]. Assistant Secretary Tricia McLaughlin stated, “Thanks to President Trump, fewer American families will be torn apart by addiction, fewer lives will be lost to overdoses, and fewer profits will go to violent cartels”[2].
The operational transformation surpassed interception statistics. DHS Secretary Kristi Noem declared the administration has “almost 100% operational control of the border,” defining this as getting Border Patrol agents back into the field rather than processing migrants[3]. The move eliminated wasteful mega-detention warehouses that characterized the previous approach. Criminal aliens arrested at the border now face swift removal rather than prolonged housing on American soil at taxpayer expense. While enforcement has become more efficient, the administration has maintained all statutory and constitutional due process rights for individuals encountered at the border. Swift removal procedures include mandatory screenings for asylum claims, access to legal counsel, and the right to appeal removal decisions, guaranteeing that humanitarian safeguards are honored even as border security is tightened.
official numbers and quotes from Border Patrol Chief Anthony “Scott” Good and DHS leadership to demonstrate real constitutional governance iChief Patrol Agent Anthony “Scott” Good serves in the El Paso Sector, currently the busiest in the nation, followed by the Del Rio and Tucson Sectors [14].ctors[14]. His testimony before Congress confirmed the constitutional reality that previous administrations refused to acknowledge. Chief Good answered directly when asked whether El Paso Sector had operational control under the Secure Fence Act definition, which requires “the prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband”: “Not in El Paso Sector”[8].
That admission captured the scale of Biden-Harris border betrayal. U.S. Customs and Border Protection recorded more than 8.1 million encounters nationwide since Biden took office, including more than 6.7 million at the Southwest border [8]. CBP sources confirmed over 1.7 million known gotaways at the Southwest border, though the actual number could be 20 percent higher than publicly reported[8].
Chief Good’s leadership demonstrates how constitutional duty translates into operational achievement. His sector’s arrest of Cortes-Cartagena illustrates the constant watchfulness required. “Unceasing vigilance by our Border Patrol agents is critical to keeping our communities safe,” Good stated after the arrest. “Child sex offenders who repeatedly attempt to enter our country pose a serious threat, and we stand ready to answer that threat.”
The contrast between administrations proves constitutional governance works. A Migration Policy Institute analysis confirmed that, with current record lows, the Trump administration can rightfully claim it has secured the border, building on declines that began in early 2024 and accelerated dramatically [3]. Protecting American children from predators like Cortes-Cartagena fulfills the federal government’s sworn constitutional duty to protect each state against invasion.
Protecting America’s Children and Sovereignty
Secure borders protect American families. This truth connects directly to the arrest of Cortes-Cartagena and thousands of criminal aliens stopped at the southern border under constitutional enforcement. Children sleep more safely in their beds when the federal government obeys Article IV, Section 4. Predators stay on the other side of the border where they belong when Border Patrol agents maintain constant alertness and swift removal replaces catch-and-release.
Connect the dots between secure borders and the protection of American families.
The connection is not abstract. Cortes-Cartagena was convicted of lewd and lascivious acts with a child under 14. He served his prison time, got deported, came back, got convicted again, got deported again, and came back a third time. Each return represented a direct threat to American children. Another family faced devastation each time the border failed to stop him.
The connection between weak border policies and danger to American children is not abstract. Cristobal Cortes-Cartagena was convicted of lewd and lascivious acts with a child under 14. He served his prison time, got deported, came back, got convicted again, got deported again, and came back a third time. Each return represented a direct threat to American children.
This reality is why so many Americans have grown increasingly alarmed. As one widely shared post on X put it:
So the move from Biden-Harris policies to Trump administration enforcement changed the equation. Zero releases for thirteen straight months mean zero opportunities for deported predators to disappear into American communities. Criminals arrested at the border face immediate repatriation rather than prolonged detention and eventual release through swift removal. The measurable drop in apprehensions combined with dramatic increases in drug seizures demonstrates that cartels and criminal aliens alike now face real consequences.
Border security protects more than geographic boundaries. It protects schools, neighborhoods, and families. Every criminal alien arrested and removed is one less threat in American communities. Every convicted child sex offender stopped at the border is one less predator walking American streets. The constitutional duty to protect states against invasion translates directly into protecting American children from those who would harm them. (Goitein & Ebright, 2025)
Keeping predators like Cortés-Cartagena out is both a nationalist imperative (America First) and a constitutional obligation (defending the Republic against invasion) (Victory! Full Fifth Circuit Upholds Texas’s Border Law, 2026)
This represents where two powerful mandates join. America First means putting the safety and sovereignty of American citizens above the convenience of illegal aliens and the profits of illegal aliens. The Constitution requires the federal government to protect each state against invasion. invasion. Both principles lead to the same policy: secure borders, swift removal, and zero tolerance for criminal aliens.
President Trump and Secretary Mullin restored both. The nationalist imperative drives the immediacy: American families deserve protection from foreign criminals. The constitutional obligation provides the authority: Article IV, Section 4 requires the federal government to defend the states. Together, they produce the most secure border in American history. (Elsea, n.d.)
Keeping twice-deported child sex offenders out of America fulfills our duty to both the Constitution and our children. This is what the Founders demanded, what American families deserve, and what constitutional governance delivers.
The Duty Fulfilled
The federal government is achieving its constitutional obligation. President Trump’s proclamation declaring an invasion at the southern border invoked Article IV, Section 4, with full legal force [7]. The power vested in the presidency under the Constitution and immigration laws allowed the administration to suspend the physical entry of aliens involved in the invasion and to direct the Secretary of Homeland Security to take all appropriate action to repel, repatriate, or remove any alien engaged in the invasion[7]. This represents the federal government finally doing what the Constitution always required.
America is once again enforcing its constitutional duty to protect the States against invasion. (Torres v. Texas Department of Public Safety, 597 U.S. ___ (2022), n.d.)
The Invasion Clause carries unconditional weight. The federal government is obligated to protect each state against invasion in every case, whenever a state is invaded or threatened with invasion in fact[15]. The duty exists whatever political preference or administrative convenience may be. States requested federal protection against the ongoing influx for years, yet the previous administration abandoned this constitutional mandate[16]. So states bore billions in costs for medical care, human services, and law enforcement expenses directly tied to illegal immigration[16].
If the federal government fails to act, states have options. Some states have asserted their own authority to repel incursions and protect their borders, citing powers reserved under the Tenth Amendment and their own constitutions. For example, Texas has deployed the National Guard, constructed physical barriers, and entered into interstate agreements to address the influx on its own. In recent years, states have filed lawsuits seeking federal recognition of their right to self-defense, including the 2023 request by the Texas Attorney General for a federal declaration of invasion. While courts have yet to definitively rule that states can unilaterally invoke the Invasion Clause, ongoing litigation signals that states are prepared to escalate their response when the federal government abdicates its duty. Policy advocates should track these developments carefully, as future court decisions may clarify the balance of state and federal authority in border security. (Abbott, 2021)
President Trump reversed this betrayal. His executive orders direct all agencies to deploy lawful means to secure the southern border, prevent further illegal immigration, and repatriate illegal aliens in a quick and humane manner[17]. The administration will give the Federal Government what it needs to protect the American people by executing immigration laws against all inadmissible and removable aliens, especially when you have those who threaten safety or security[17].
True border security under President Trump is restoring both safeguarding measures and the rule of law. The Founders entrusted the common defense against invasion to the federal government and recognized that external threats require a unified federal response [15]. Protection against invasion has been a basic responsibility of government since the nation’s founding[15]. The current administration honors that founding principle through operational control, swift removal, and zero tolerance for criminal aliens.All aliens.
Protecting American children from twice-deported predators like Cortes-Cartagena achieves what the Constitution demands and what the Founders intended: a federal government that defends the Republic against invasion.
FAQs
Q1. What criminal history did Cristobal Cortes-Cartagena have before his 2026 arrest? Cortes-Cartagena was convicted in California in 2010 of lewd and lascivious acts with a child under the age of 14, for which he served five years in prison. After his first deportation, he illegally reentered the United States and was convicted in 2017 of reentry of a deported alien, serving 18 months in federal prison. He also served 14 months for failing to register as a sex offender before being deported a second time in 2021.
Q2. How many times was Cortes-Cartagena deported before his July 2026 arrest? Cortes-Cartagena was deported twice before his arrest in July 2026. His first deportation occurred in 2010 following his conviction for child sex offenses, and his second deportation took place in 2021 after serving time for illegal reentry and failing to register as a sex offender.
Q3. What constitutional provision is being invoked to justify increased border enforcement? Article IV, Section 4 of the U.S. Constitution, known as the Invasion Clause, requires the federal government to protect each state against invasion. President Trump formally declared that an invasion is ongoing at the southern border and invoked this constitutional provision to authorize the Department of Homeland Security to take necessary action to repel, repatriate, and remove illegal aliens.
Q4. What enforcement results have been achieved under the current border security policies? Border Patrol apprehensions dropped 95% compared to the previous administration, with encounters falling to their lowest level in more than 50 years. The administration achieved 13 consecutive months of zero releases at the southern border, meaning no illegal aliens were released into American communities during that period. Drug seizures also increased significantly, with fentanyl trafficking dropping 56% compared to the same period in 2024.
Q5. What penalties does Cortes-Cartagena face for his third illegal entry into the United States? As a previously deported convicted felon, Cortes-Cartagena faces federal prosecution for reentry after deportation under 8 USC § 1326, which carries a maximum sentence of up to 20 years in prison.
References
[1] – https://www.kens5.com/article/news/local/del-rio-sector-uvalde-station-border-patrol-cristobal-cortes-cartagena-honduras-deportation-reentry-sex-offender-felony-arrest-immigration/273-8de38e2c-d158-4188-8999-e1f9710e696e
[2] – https://www.dhs.gov/news/2025/09/30/cbp-reports-drug-seizures-surge-again-august
[3] – https://www.migrationpolicy.org/news/low-migrant-encounters-border-trump
[4] – https://www.cbp.gov/newsroom/national-media-release/us-border-patrol-agents-arrest-child-sex-offender-illegally-us-0
[5] – https://www.yahoo.com/news/us/articles/deported-child-sex-offender-arrested-163442959.html
[6] – https://nepyork.com/2026/06/19/dhs-reports-13-straight-months-of-zero-releases-at-southern-border/
[7] – https://www.whitehouse.gov/presidential-actions/2025/01/guaranteeing-the-states-protection-against-invasion/
[8] – https://homeland.house.gov/2024/01/03/chief-patrol-agents-confirm-lack-of-operational-control-in-their-southwest-border-sectors/
[9] – https://www.dhs.gov/topics/secretary-homeland-security
[10] – https://www.dhs.gov/news/2026/04/09/trump-administration-delivers-11-straight-months-zero-releases-border
[11] – https://www.politico.com/news/2026/07/06/mullins-mark-on-dhs-ending-the-drama-noem-unleashed-00985012
[12] – https://www.dhs.gov/news/2026/05/15/trump-administration-delivers-full-year-zero-releases-border
[13] – https://www.pewresearch.org/short-reads/2026/02/02/migrant-encounters-at-the-us-mexico-border-are-at-their-lowest-level-in-more-than-50-years/
[14] – https://www.cbp.gov/newsroom/local-media-release/selection-anthony-scott-good-chief-patrol-agent-el-paso-sector
[15] – https://americarenewing.com/issues/the-federal-governments-guarantee-to-protect-the-states-against-invasion/
[16] – https://www.azag.gov/opinions/i22-001-r21-015
[17] – https://www.federalregister.gov/documents/2025/01/29/2025-02006/protecting-the-american-people-against-invasion
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[…] who crossed the border without authorization at some point before 2022. The exact date of his illegal entry remains unclear, but immigration records confirm he lacked legal status at the time he first […]