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An Unconstitutional Order for Our Military


Allen West


May 3, 2023

The Trump administration Title 42 order comes to an end next week. Its purpose was to restrict illegal immigration from areas highly affected by the COVID virus. It is the last remaining Trump administration policy that curtailed wanton illegal immigration, primarily, along our southern border. The Biden administration has already discarded the successful “remain in Mexico” policy. Last year we experienced a record invasion of illegal immigrants into these United States, some 2.3 million. All estimates put us on track to exceed that record number this year.

Recently, I was down on the border for four days in Kinney County, Texas. Every law enforcement official I spoke with realizes the impending danger of the end of Title 42. Right now you can see the tens of thousands of illegal immigrants stacking up south of our border in preparation for the lifting of this policy. The city of El Paso has declared an emergency ahead of the Title 42 end. Joe Biden has announced the deployment of some 1,500 active duty US military troops to the border for a duration of 90 days to backfill the US Border Patrol. The problem with this deployment order coming from Biden is that it is unconstitutional, an unlawful order from the Commander-in-Chief.

Let me explain.

Members of our military take an oath to support and defend the Constitution of the United States against all enemies, foreign, and domestic, and to bear true faith and allegiance to the same. The US Constitution, our rule of law, clearly states in Article IV, Section 4 “the guarantee clause,” that the federal government has the enumerated responsibility to protect every state in the Union from invasion. There can be no debate that our Constitutional Republic is facing a massive invasion of illegal immigrants, and it has had a detrimental consequences for drug, human, and sex trafficking. As we have articulated here previously, the Biden administration is in violation of the US Constitution with their open border leftist policy agenda . . . a high crime and misdemeanor, a treasonous offense, subverting the sovereignty of these United States.

Now, the Biden administration is ordering our US military to violate their oath and support an unconstitutional ideological agenda, enabling the erosion of our sovereign border and security. Biden is ordering our military to assume duties for which they are not bound to fill, conducting administrative support to USBP. It is supposed to stand for United States Border Patrol, not border processing. Tasking our military to conduct mundane and unconstitutional tasks such as being bus drivers and setting up processing centers does not align with their mission.

Biden issued an unconstitutional, unlawful, immoral, and unethical order to our military to take a shot of an emergency use authorization serum, which has had some disconcerting medical affects. He is now abusing his position as Commander in Chief of our military to force them into supporting his progressive socialist leftist political agenda, open borders.

If Secretary of Defense Lloyd Austin issues this deployment order, he should be impeached. If Chairman of the Joint Chiefs, Gen. Mark Milley, supports executes this deployment order, he should be forced to resign. Our men and women in the US military have every constitutional standing to refuse this order and not deploy. If this goes through, then the precedent, ramifications, of using the military for political agendas has been determined. There is an incredible danger in this; who is to say how a future Commander in Chief can abuse our military for their ideological gains and purposes? Hence is the reason why our Founding Fathers were not keen on standing armies, and trusted the militia, which was the people. And now we have the progressive socialist left attempting to disarm the American people. What next, order the military to subjugate us?

Ordering the US military to participate in an operation that unconstitutionally allows illegal immigrants entry into America is flat-out wrong. Trust me, I have witnessed our very own Texas National Guard troops aiding and enabling illegal immigrants entry into our Republic, being it Texas and America.

We are taught as Soldiers, Sailors, Airmen, and Marines that we have the right to refusal of any order that is unlawful. This directive from Joe Biden to deploy US military troops to further the invasion of illegal immigrants is indeed unlawful, unconstitutional. Our troops have the right of refusal to deploy, just as our US Border Patrol agents who are charged with protecting our border have right of refusal.

And we wonder why recruitment and retention in our Armed Forces is lagging?

Steadfast and Loyal.



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