PHOENIX — The actions of drug cartels and smugglers on the border constitute an “invasion’’ that allows Gov. Doug Ducey to use the National Guard to “engage in war,’’ according to Attorney General Mark Brnovich.

In a new legal opinion Monday, Brnovich says the U.S. Constitution says a state may defend itself when it has been “actually invaded, or in such imminent danger as will not admit of delay.’’ He said this “invasion’’ need not be in the traditional sense of a military force but can also be applied to “invasion by hostile non-state actors such as cartels and gangs.’’

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