(TNS) Invasion: Former U.S. attorney and Virginia Attorney General Ken Cuccinelli said Tuesday that the U.S. Constitution gives states unique authority to repel invasions without an authorization from Congress.

Cuccinelli, in an interview with Breitbart News on SiriusXM, was discussing the “invasion” of migrants traveling in two caravans currently heading towards the U.S. in an effort designed to overwhelm the country’s asylum and immigration system.

“Article 1 Section 10 of the Constitution, third paragraph, lists some things that the states can do under some certain circumstances. And[the Constutition] says that no state shall enter into war without the permission of Congress unless they are actually invaded. Well, here it comes,” he said.

“First of all, we’ve been being invaded for a long time so the border states clearly qualify here to utilize this power themselves. And what’s interesting is they don’t need anyone’s permission. And because [the states are] acting under war powers, there’s no due process,” he continued.

“They can literally just line their National Guard up — presumably with riot gear like they would if they had a civil disturbance — and turn people back at the border. Literally, you don’t have to keep them, no catch-and-release, no nothing,” Cuccinelli said.

“You just point them back across the river and let them swim for it. Maybe you have a little courtesy shuttle and drive them over … and leave them there. The states can do that, interestingly enough, and the federal government can’t,” he added.

“When someone comes across your border without your permission, it’s an invasion. Their purpose here is to violate the border, to violate our sovereignty for their own purposes. That’s an invasion,” he said.

“And here, I don’t think with the caravan it’s even debatable because you’ve got an entire group that’s organized itself to come into the country.”

Listen to the interview here:

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