The American Civil Liberties Union and the state of California are among those saying they’ll challenge the president’s emergency declaration in court.
But they also make a legal argument: that Trump is doing an end run around Congress’ stated opposition to funding such a wall, violating the Constitution’s language giving legislators control over appropriations. Bush signed an executive order after the 9/11 attacks empowering the president to reroute military construction money.Ĭritics have challenged Trump’s declaration on policy grounds, saying the bulk of illegal drugs come through legal ports of entry, and that illegal immigrants commit less crime than native-born Americans. Since 1976, when Congress sought to regulate such declarations by passing the National Emergencies Act, presidents have designated more than 58 emergencies, most of them in response to foreign crises, such as when President George W. Presidents have long declared emergencies (the Civil War and Great Depression among them). The deal to keep the government open Trump signed almost simultaneously with the declaration of emergency included only one-fourth of the barrier funding he’d demanded to fulfill his signature campaign promise. Having been rebuffed by Congress in his effort to secure $5.7 billion to build 234 miles of wall along the US/Mexico border, President Trump Friday invoked criminal immigrants and illicit drugs, which he said flow over the border, to declare a national emergency, allowing him to divert billions earmarked for military construction projects, counternarcotics programs, and other funds to build his wall. Is Trump’s Declaration of a National Emergency Constitutional? Professor Robert Sloane on whether border wall meets law’s emergency definition.
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