President Donald Trump on Feb. 15 announced a state of emergency to obtain $8 billion for a border wall between the US and Mexico. A significant amount of the funds are expected to come from the Department of Defense budget, but Trump was not clear regarding funding or spending plans. The declaration was announced in a statement to the press that included information about trade negotiations with China and various other unrelated concerns. Trump gave this speech moments after he signed a spending bill passed by Congress, which prevents another government shutdown. The bill included about $1.4 billion in funding to assist with border security, which is far lower than the $5.7 billion demanded by Trump for his wall during the government shutdown.
This announcement was not unexpected. White House press secretary Sarah Sanders notified the public of Trump's intention via a tweet the previous day, saying that he would be taking "executive action…to ensure we stop the national security and humanitarian crisis at the border."
The use of the president's emergency power in the context of border control is raising questions and concerns. Speaker of the House of Representatives Nancy Pelosi warned of the dangerous precedent being set by the president, noting that a "Democratic president can declare emergencies as well. So, the precedent that the president is setting here is something that should be met with great unease and dismay by the Republicans."
Legal challenges are expected to be filed soon regarding the reach of national emergency powers under a 1975 law that has been invoked 58 times..
From Jurist, Feb. 15. Used with permission.
Note: The "compromise" budget deal that Trump signed actually includes $1.375 billion for new "fencing" along the border.
Photo via Jurist
Is Trump’s declaration legal —and does it matter?
CBS News reports that the National Emergencies Act has been invoked 58 times since it was passed in 1975—first, in response to the Iran hostage crisis. Of those declarations, 31 are still in effect. An earlier report notes legal precedent for denying emergency powers—for instance, the 1953 Supreme Court case Youngstown v. Sawyer, which blocked Harry Truman's attempted nationalization of steel mills.
It should be noted, however, that Trump is already defying a court ruling in continuing his suspension of asylum applications at the biorder…