Trump faces legal challenges in national emergency declaration

Posted February 18, 2019

Rather than responding to an emergency requiring immediate action, the Declaration seeks to address a long-running disagreement between the President and Congress about whether to build a wall along the southwestern border and Congress's refusal to appropriate funds for that objective.

And California's Attorney General Xavier Becerra promised to "definitely and imminently" launch a legal challenge to the emergency declaration, one of an expected flurry of suits against Trump's aggressive executive power move. The border wall has been a heavily disputed topic during the President's first two years in office, culminating with Congress not allocating the funds the President requested. Stephen Miller, the White House aide who has spearheaded the attacks on immigrants, told "Fox News Sunday" that the goal was to have more than 200 miles of new wall constructed by the end of the next fiscal year, September 30, 2020.

"He's going to protect his national emergency declaration, guaranteed", Miller said.

"The federal courts will likely hold that he has the authority to issue an emergency declaration, (but) that he does not have the power to spend money on a policy and project that Congress has explicitly declined to fund", he said. "I don't know what to do with all the money they're giving us". "I think the president's been making a persuasive case that the border is broken, you know", Graham, chairman of the Senate Judiciary Committee, told CBS News. "He certainly would have a good shot at winning at the Supreme Court", Hewitt said. Though he didn't use that power, the government shut down for a record 35 days. The broad grant of discretion to a president could make it hard to persuade courts to rule that Trump exceeded his authority in declaring a border emergency, according to legal experts.

Mr Miller, echoing Mr Trump's arguments, said that an unsecured border allowed drugs and criminals to pour into the country. The number of people arrested for illegally crossing the border was at a 46-year low as of 2017, and the waves of people trying to enter aren't terrorist groups but families and individuals seeking refuge.

While polls show a majority of Americans oppose the wall and don't support a declaration of national emergency to fund it, a CNN/SSRS survey released this month showed that 64% of Republicans do support a national emergency to get a wall and 72% of conservative GOPers back it.

Nancy Pelosi, the Democratic speaker of the House of Representatives, and Chuck Schumer, the Republican-led Senate's top Democrat, said Trump actions "clearly violate the Congress's exclusive power of the purse".

Congress has never defined a national emergency in the National Emergencies Act of 1976, which has previously been invoked many times without a single successful legal challenge.

While I am happy with the outcome, I lean toward the anti-federalist thought process that power is best left to "the people's house". "It is going to be a real test for my GOP colleagues in Congress and their devotion to the institution".

Another Democrat, Hawaii Sen.

Has this power ever been used before?

"Day 3 of Emergency". "Based on that, we can do an assessment of what would be appropriate", he said. And with our sister state partners, we are ready to go, ' Becerra said. The president is hoping to spend up to $8 billion total on border wall construction efforts.

Trump on Friday issued the emergency to divert certain military funding for wall construction, after Congress approved only $1.375 billion of the $5.7 billion he sought in a bipartisan budget bill to avoid a second partial government shutdown. "We'll see him in court". She added that, even if one agreed with Trump that there is an emergency at the border, a wall would not be the most effective way to address it.

Everything the President is doing will enhance the safety of American citizens, save American Citizens money in the long run - and nothing he is doing restricts the freedoms of an American Citizen.