National Emergency Concerning the Southern Border of the United States
On February 15, 2019, President of the United States Donald Trump declared a National Emergency Concerning the Southern Border of the United States (Proclamation 9844), citing the National Emergencies Act, and ordered the diversion of billions of dollars of funds that had been appropriated to the U.S. Department of Defense for military construction. Trump declared the emergency after he signed, but derided, a bipartisan funding bill (passed by the House and the Senate a day before) containing border security funding without funding for the border wall that Trump demanded.
Trump had previously threatened to declare a national emergency if Congress did not pass his entire desired program for a wall on the United States–Mexican border by February 15, 2019. Under Proclamation 9844, the Trump administration plans to redirect $8 billion in previously-agreed expenditure and to use the money to build the wall instead. Under Trump's plan $3.6 billion assigned to military construction, $2.5 billion meant for the Department of Defense's drug interdiction activities, and $600 million from Treasury's forfeiture fund would be diverted for wall construction. Trump’s declaration was unprecedented in that none of the 58 previous emergency declarations made by U.S. presidents involved circumventing Congress to spend money it had expressly refused to authorize or allocate.
Trump's declaration of a national emergency was condemned by Democrats as unconstitutional; U.S. Speaker of the House Nancy Pelosi and Senate Minority Leader Chuck Schumer called the declaration an affront to the rule of law that was "a lawless act, a gross abuse of the power of the presidency and a desperate attempt to distract from the fact that President Trump broke his core promise to have Mexico pay for his wall." Some Republicans also criticized Trump's declaration, fearing the circumventing Congress would set a dangerous precedent for the future. Congress passed a joint resolution to terminate the national emergency, but it was vetoed by Trump in his first veto.
The Sierra Club and ACLU brought a similar suit. In 2019, a U.S. district court issued a preliminary injunction, and later a permanent injunction, in the Sierra Club suit, blocking Trump from diverting military funds for construction of a border wall. In July 2019, the Supreme Court, in a 5–4, one-paragraph ruling, overturned the lower court's ruling in Trump v. Sierra Club that blocked the use of funds to construct the border wall pending further legal proceedings; the Supreme Court majority found that the Sierra Club likely lacked legal standing.
In October 2019, in a separate case, a U.S. district court in Texas found that the El Paso County, Texas and the Border Network for Human Rights had legal standing to challenge Trump's attempt to divert $3.6 billion in military construction for wall construction along the Mexico border, and in December 2019, the court issued a permanent injunction blocking the attempted diversion of funds. The ruling did not affect the use of other funds that the Trump administration designed for wall construction, such as counter-drug and Treasury Forfeiture Funds.
- 1 Background
- 2 Announcement
- 3 Legislative action to overturn and presidential veto
- 4 Legal challenges and injunctions
- 5 Reactions
- 6 See also
- 7 Notes
- 8 References
- 9 External links
Trump campaign and presidency
The Wall Street Journal reported the day of Trump's declaration that his action was the outcome of "two years of political neglect of his signature campaign promise, lost amid competing priorities and divisions within his administration," with no single administration official having been designated to champion funding of the border wall in Congress. Trump rejected a proposal in January 2018 that would have authorized $25 billion for wall construction in exchange for a path to citizenship for Dreamers, as well as a similar proposal the next month. In March, Congress approved a bill providing for $1.6 billion in barrier funding. Threatening to veto the bill, The Journal reported that Trump was surprised to learn that the $1.6 billion was the amount that had been requested in his budget. Trump's budget director Mick Mulvaney then privately advised the president to blame House speaker Paul Ryan for not seeking more funding. Tom Davis, an influential former Republican congressman, observed, "The mistake they made was not coming in right away and coming up with a plan. You wonder why they didn’t try to jam this through when Republicans controlled the House because it’s a lot more complicated now trying to convince Nancy Pelosi."
2018–2019 government shutdown
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Before Trump declared the national emergency, the United States had experienced a federal government shutdown, which ran from midnight EST on December 22, 2018, until January 25, 2019 (35 days). It was the longest U.S. government shutdown in history. It occurred when the United States Congress and President could not agree on an appropriations bill to fund the operations of the federal government for the 2019 fiscal year. The shutdown affected about one-fourth of government activities. It caused around 800,000 employees and 1 million federal contractors to be furloughed or obligated to work without pay. The shutdown was estimated by the Congressional Budget Office to cost the United States economy at least $11 billion.[Notes 1]
The President had demanded that the appropriations bill include for $5.7 billion in federal funds for a proposed U.S.–Mexico border wall. In December 2018, the Republican-controlled Senate unanimously passed an appropriations bill without wall funding. However, Trump refused to support the bill, and it was therefore not considered by the Republican-controlled House.
By mid-January 2019, American opposition to the shutdown had become widespread. That month, representatives elected in November 2018 took office. The newly Democrat-controlled House approved the appropriations bill that had earlier passed the Senate unanimously. Trump said he would still veto any bill that did not fund an entire border wall. Republican Senate Majority Leader Mitch McConnell blocked the Senate from considering appropriations legislation that Trump would veto, including the bill that the Senate had earlier passed. Democrats and some Republicans passed multiple bills attempting to reopen the government.
On January 25, 2019, Trump agreed to endorse a stopgap bill to reopen the government until February 15. However, he reiterated his demand for the border wall funding and said he would shut down the government again or declare a national emergency and use military funding to build the wall if Congress did not appropriate the funds by February 15.
On February 14, the House and Senate passed an appropriations bill funding the government until September 30, the end of the fiscal year 2019. Trump signed the bill into law the following day. The bill includes US$1.375 billion to construct new fencing on 55 miles of the Mexico–United States border.
On February 15, 2019, President Trump spoke to the media in the White House Rose Garden. After signing the spending bill to keep the government open, Trump declared a national emergency over the border crisis, hoping to get access to $8 billion to use for border security. During his announcement, Trump stated, "I could do the wall over a longer period of time. I didn’t need to do this, but I’d rather do it much faster.” Critics asserted this statement would undercut the rationale for his emergency declaration in court challenges.
To obtain $8 billion for border wall construction, the Trump administration proposes augmenting the earlier February 14 $1.375 billion appropriations bill by diverting other previously-allocated monies: $3.6 billion for military construction, $2.5 billion for the Department of Defense's counter-drug activities, and $600 million from Treasury's drug-asset forfeiture funds. White House officials said that the national emergency specifically enabled the $3.6 billion military diversion while the $2.5 billion from Defense and the $600 million from Treasury were possible due to "presidential discretion".
Roll Call reported on February 21, 2019, that over one-third of the funds the Trump administration had identified for diversion had already been spent by the Department of Defense. In March 2019 the Pentagon issued a list of proposed military construction projects which could be postponed, under the president's emergency declaration, so that their funding could be diverted to build the wall. The Pentagon authorized up to $1 billion to be transferred to the Army Corps of Engineers for construction of additional barriers.
Legislative action to overturn and presidential veto
Under the national emergency legislation, Congress can overturn a declaration of emergency legislatively. If the House passes a privileged resolution to overturn, the Senate is required to take up the resolution within eighteen days. If the Senate passes the resolution, by a simple majority vote, the bill goes to the president, who has the option of vetoing it. Congress can override the veto by a two-thirds vote in both houses.
House speaker Nancy Pelosi announced on February 20, 2019 that Democrats would introduce such a resolution in two days. The measure, House Joint Resolution 46, stated: "Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That, pursuant to section 202 of the National Emergencies Act (50 U.S.C. 1622), the national emergency declared by the finding of the President on February 15, 2019, in Proclamation 9844 (84 Fed. Reg. 4949) is hereby terminated."
The House voted to approve the bill on February 27 by a vote of 245–182, with thirteen Republicans voting in favor. On March 3, Rand Paul became the fourth Republican senator to declare he would vote for the resolution, improving the chances of passage. The next day he asserted that "at least" ten other Republican senators told him they would also vote for the resolution. On March 14, the Senate voted 59–41 to support the bill to overturn Trump's emergency declaration, with twelve Republicans voting in favor.
On March 15, 2019, Trump vetoed the Joint Resolution, calling it "reckless" at a signing ceremony where he signed the veto statement, flanked by members of the Cabinet and law enforcement officials. Pelosi responded by scheduling a vote to override the veto on March 26, 2019. There were 248 votes to override the president's veto, and 181 votes against, which fell short of the ⅔ supermajority (286 votes) needed to override.
A second attempt to overturn the emergency failed in October 2019, when the Senate failed to override a Presidential veto by a vote of 53–36.
Legal challenges and injunctions
In his statement declaring the emergency, President Trump acknowledged the inevitability of legal challenges, stating that he anticipated losing in lower courts, but ultimately prevailing in the Supreme Court. The lawsuits are expected to revolve around different issues such as property rights, tribal sovereignty, and the limits of the presidency. Similar court cases challenging the Secure Fence Act of 2006 still remain open over a decade later.
As of February 22, 2019[update], at least six separate lawsuits have been filed. Three lawsuits were filed within days of the announcement of the declaration: El Paso County, Texas filed a lawsuit in the Western District of Texas in concert with the Border Network for Human Rights, Protect Democracy, and the Niskanen Center; Public Citizen sued on behalf of the Frontera Audubon Society and three Texan landowners; and the Citizens for Responsibility and Ethics in Washington filed a lawsuit against the Department of Justice in a case involving a FOIA request.
Suits by 16 states
Suit by the Sierra Club
On February 19, the ACLU filed suit in the Northern District of California on behalf of the Sierra Club, the Southern Border Communities Coalition, and other interested organizations and people. On May 24, 2019, U.S. District Judge Haywood S. Gilliam, Jr. issued a temporary injunction in the case blocking the Trump administration's plan to divert funds not explicitly appropriated by Congress. Gilliam, an Obama appointee, wrote that "Congress's 'absolute' control over federal expenditures—even when that control may frustrate the desires of the Executive Branch regarding initiatives it views as important—is not a bug in our constitutional system. It is a feature of that system, and an essential one." In June 2019, this injunction was converted into a permanent injunction. In July 2019, the U.S. Court of Appeals for the Ninth Circuit upheld the injunction. On July 26, 2019, the Supreme Court issued a stay to Gilliam's ruling, allowing wall construction to proceed while litigation continues.
Suit by El Paso County and Border Network for Human Rights
In October 2019, in a separate case, U.S. District Judge David Briones of the U.S. District Court for the Western District of Texas found that the El Paso County, Texas and the Border Network for Human Rights had legal standing to challenge Trump's attempt to divert $3.6 billion in military construction for wall construction along the Mexico border, and in December 2019, the court issued a permanent injunction blocking the attempted diversion of funds. The ruling did not effect the use of other funds that the Trump administration designed for wall construction, such as counter-drug and Treasury Forfeiture Funds.
In January 2020, a panel of the U.S. Court of Appeals for the Fifth Circuit, in a 2–1 decision, issued a temporary stay of the injunction pending further appellate proceedings. The panel split along ideological lines: the two Republican-appointed judges (Edith Jones and Andrew A. Oldham) voted to issue the temporary stay, while the panel's only Democratic appointee, Stephen Higginson, dissented.
In June 2019, U.S. District Judge Trevor N. McFadden denied a request by the U.S. House of Representatives to temporarily block spending on the wall. The House claimed in its lawsuit that the Trump administration was overstepping its authority, and sought to prevent it from spending over a billion dollars it had already transferred from military pay and pension accounts, and more funds from an emergency military construction fund that had not yet been transferred. McFadden, a Trump appointee, said the House had no legal standing to sue the president and that therefore the Court lacked jurisdiction to hear the claim. McFadden issued no opinion on the merits of the case, saying "The Court declines to take sides in this fight between the House and the President."
The Tohono O'odham Nation has raised the issue with the Organization of American States' Inter-American Commission on Human Rights, and the Cocopah, Kickapoo, and Kumeyaay are also considering their legal options.
Some analysts stated that if legally upheld, the declaration would vastly expand governmental power, particularly that of the presidency and the executive branch. Reporter Charlie Savage summarized the political impact of the declaration, saying that "no matter what else happens, Mr. Trump’s willingness to invoke emergency powers to circumvent Congress is likely to go down as an extraordinary violation of constitutional norms—setting a precedent that future presidents of both parties may emulate to unilaterally achieve their own policy goals."
A number of legal scholars called the declaration an "abuse" and a "deliberate misapplication" of the National Emergencies Act, with many stating that the declaration threatened the separation of powers in the United States and amounted to a potential constitutional crisis. They said the declaration was a continuation of the expansion of presidential power observed during the 2010s in the United States.
On February 25, a bipartisan group of 58 former senior national security officials and 25 former Republican lawmakers implored Congress to overturn Trump's emergency declaration. The former lawmakers wrote, "It has always been a Republican fundamental principle that no matter how strong our policy preferences, no matter how deep our loyalties to presidents or party leaders, in order to remain a constitutional republic we must act within the borders of the Constitution," while the security officials contended that there is no "documented terrorist or national security emergency at the southern border" nor an "emergency related to violent crime."
Support from Republicans has been divided, with most conservative House Republicans embracing Trump’s action, while opposition was more pronounced among Senate Republicans. Reportedly, because of Trump’s high approval ratings among Republicans, many in the party were concerned that expressing public opposition to the president’s action could result in their political demise. An analysis by FiveThirtyEight found that through February 18, 2019, 34% of the 53 Republican Senators had expressed support for the declaration.
Before the declaration, Senate Majority Leader Mitch McConnell—long a defender of Senate prerogatives—and most other Senate Republicans strongly urged the president to not take the action. After the declaration, McConnell led several other senators in pivoting to support it. Senator Lindsey Graham expressed emphatic support for the declaration. Georgia Senator Johnny Isakson said he "support[s] the president in his decision," and Richard Shelby said Trump has "the power to defend the country, to defend the borders." Senator John Hoeven stated that Republicans "support the president's efforts to strengthen border security," and Senator Kevin Cramer said that Trump "will address the crisis at the southern border, whether or not Congress does." Representative Matt Gaetz stated that he was "proud" of Trump.
Others, including Senators Rand Paul, Chuck Grassley, and Marco Rubio, spoke out strongly against the declaration. Susan Collins said the president is "usurping congressional authority" while Lamar Alexander said the United States' "founders chose not to create a chief executive with the power to tax the people and spend their money any way he chooses." Representative Justin Amash stated that Trump is "attempting to circumvent our constitutional system".
Will Hurd, the only Republican representative for a district along the southern border, said that the national emergency declaration "is not a tool that the president needs in order to solve this problem," and argued that a coherent strategy with increased manpower and technology at the border would be the solution.
Shortly before the emergency was declared, Speaker of the House Nancy Pelosi warned Republicans that this would set a precedent for the next Democratic president to declare a national emergency on gun violence. After the declaration, Pelosi and Senate Minority Leader Senator Chuck Schumer issued a joint statement opposing the declaration. Pelosi and Schumer described the declaration as an affront to the rule of law, "a lawless act, a gross abuse of the power of the presidency and a desperate attempt to distract from the fact that President Trump broke his core promise to have Mexico pay for his wall." The Democratic leaders' statement said that Trump was trying to "shred the Constitution" and vowed to seek "every remedy available" to block it.
Senator Angus King, who caucuses with the Democrats, called the move "antithetical to our American system of government." Senator Tina Smith, a member of the Minnesota Democratic–Farmer–Labor Party, said the declaration was an "attempt at a power grab."
The House Judiciary Committee announced an "immediate investigation", summoning Department of Justice officials and White House Counsel Pat Cipollone to congressional hearings and requesting various documents from the White House.
Many prominent Republican and conservative commentators expressed concerns that the declaration violated the separation of powers and the powers of Congress. Noted neoconservative and long time Trump-critic Max Boot argued in the Washington Post that the action was Trump's "latest assault on the norms of American democracy" and that "arguably nothing Trump has done to date has been as alarming as his misuse of the 1976 National Emergencies Act." and would set a precedent to allow a future Democratic president to declare an emergency taking unilateral action on gun control and climate change.
Ann Coulter, an early Trump supporter and now frequent critic of the president sharply criticized the move, stating "the goal of a national emergency is for Trump to scam the stupidest people in his base for 2 more years" and that "[t]he only national emergency is that our president is an idiot."
Noting that there will be legal challenges to the action, many commentators also predicted that Trump's own comments during his announcement will make it harder to support his claim that there is an actual emergency. However, conservative radio host Hugh Hewitt said he thought the president had a "good shot at winning" in the Supreme Court.
Some legal scholars considered the declaration of a national emergency as an example of executive overreach and an abuse of the National Emergencies Act, arguing that the declaration would permanently and vastly expand the power of the presidency and the executive branch.
Andrew Boyle of the Brennan Center for Justice's Liberty & National Security Program said that the National Emergencies Act was broadly worded, providing much flexibility to the executive in many areas, including "control over the military and construction projects." Boyle predicted that lawsuits challenging an emergency declaration would focus on issues such as whether building the wall was of "military necessity." Boyle stated that historically, presidents had abused states of emergency "with the tacit consent of the legislature." Boyle suggested that since Trump "has a history of blowing through norms that other executives have adhered to" Congress might begin to revisit its historical assumption that the executive was acting in good faith.
In February 2019, Congress amended an existing appropriations bill to protect several sites along the border, including the historic La Lomita Chapel in Mission, Texas. Trump's declaration of a national emergency could remove those protections. The local pastor, Roy Snipes, and his bishop, Daniel E. Flores, oppose the plan to use church property for the wall, and the Brownsville diocese has challenged it in court. The Georgetown University Law Center's Institute for Constitutional Advocacy and Protection (ICAP) filed a brief in support of the diocese. In a show of support for the chapel, over a thousand parishioners held a procession on Palm Sunday, April 14, 2019, from Our Lady of Guadalupe Church to the chapel.
A majority of Americans disapproved of Trump's emergency declaration. Three national surveys in February 2019 showed that between 51% and 61% of Americans opposed the declaration, with between 36% and 39% supporting it. These figures generally reflected Trump's overall job approval ratings. Support and opposition was highly polarized by political party: in a Marist Poll, 94% of Democrats and 62% of independents, but only 12% of Republicans, disapproved of Trump's declaration of a national emergency to build a wall.
- 84 FR 4949
- Sink, Justin; Talev, Margaret (February 15, 2019). "Trump Signs Spending Bill and Declares Emergency to Build Wall". Bloomberg L.P. Retrieved February 15, 2019.
- Thrush, Glenn (February 15, 2019). "In a Divided Washington, Congress Averted a Shutdown – but at a Price". The New York Times. Retrieved February 17, 2019.
- Baker, Peter; Cochrane, Emily (February 14, 2019). "Trump Plans to Declare National Emergency to Build Border Wall". The New York Times. ISSN 0362-4331. Retrieved February 14, 2019.
- Talev, Margaret; Sink, Justin (February 14, 2019). "Trump Plans $8 Billion for Border Wall Invoking His Own Authority". Bloomberg.com. Retrieved February 21, 2019.
- Sakuma, Amanda (February 17, 2019). "The acting Pentagon chief has yet to say whether Trump's border wall is militarily necessary". Vox.com. Retrieved February 21, 2019.
- "Trump looks to raid Pentagon budget for wall money using emergency powers". web.archive.org. The Washington Post. February 15, 2019.
- Savage, Charlie (February 15, 2019). "Presidents Have Declared Dozens of Emergencies, but None Like Trump's". The New York Times. Retrieved February 17, 2019.
- Ballhaus, Rebecca (February 16, 2019). "Trump Declares Emergency Over Wall, Inviting Likely Court Fight". Wall Street Journal. Retrieved February 17, 2019.
- Dartunorro Clark, 'Dangerous.' 'Abuse.' 'Lawless': Bipartisan attack on Trump national emergency declaration, NBC News (February 14, 2019).
- Tackett, Michael (March 15, 2019). "Trump Issues First Veto After Congress Rejects Border Emergency". The New York Times. Retrieved March 15, 2019.
- Rebecca Davis O'Brien & Sadie Gurman, States File Suit Against Trump Administration Over Wall Emergency, Wall Street Journal (February 18, 2019).
- Bobby Allyn, Federal Judge Rules Against Border Wall Construction With Military Funds, NPR (June 28, 2019).
- Kartikay Mehrotra, Trump's Plan to Start Building Wall Monday Crumbles in Court, Bloomberg (June 29, 2019).
- de Vogue, Ariane (July 26, 2019). "Supreme Court clears way for Trump admin to use Defense funds for border wall construction". CNN. Retrieved July 26, 2019.
- Adam Liptak (July 26, 2019). "Supreme Court Lets Trump Proceed on Border Wall". New York Times.
- Priscilla Alvarez & Caroline Kelly, Federal judge blocks use of billions of dollars in Pentagon funds to build border wall, CNN (December 10, 2019).
- Bender, Michael C. (February 15, 2019). "How the Border Wall, Trump's Signature Campaign Promise, Turned Into a National Emergency". Wall Street Journal. Retrieved February 17, 2019.
- Pramuk, Jacob (January 25, 2019). "Trump signs bill to reopen government and end shutdown". Cnbc.com. Retrieved January 26, 2019.
- Gates, Guilbert (January 9, 2019). "This Government Shutdown Is One of the Longest Ever". The New York Times. Retrieved January 10, 2019.
- Koti, Karhu (January 26, 2019). "US Government Shutdown Timer". Karhukoti.com. Retrieved January 26, 2019.
- Ari Natter (February 17, 2019). "Government Contractors to Lose Out on Shutdown Pay, Dragging Down Economy". Bloomberg.com. Retrieved February 25, 2019.
- "Shutdown cost U.S. economy $11 billion, budget office says". NBC News.
- Julie Hirschfeld Davis & Michael Tackett (January 2, 2019). "Trump and Democrats Dig In After Talks to Reopen Government Go Nowhere". The New York Times. Archived from the original on January 3, 2019. Retrieved January 3, 2019.
- Damian Paletta & Erica Werner (January 2, 2019). "Trump falsely claims Mexico is paying for wall, demands taxpayer money for wall in meeting with Democrats". The Washington Post. Archived from the original on January 3, 2019. Retrieved January 3, 2019.
- Liptak, Kevin (January 4, 2019). "Trump says he could keep shutdown going for months or years". CNN. Archived from the original on January 4, 2019. Retrieved January 4, 2019.
- Clare, Foran; Barrett, Ted (December 20, 2018). "Senate passes stop-gap funding bill in effort to avert government shutdown". CNN. Washington, DC. Retrieved February 17, 2019.
The next step for the stop-gap funding effort is the House of Representatives where it is likely to pass despite some conservative opposition.
- Pramuk, Jacob (December 20, 2018). "Paul Ryan: Trump won't sign Senate bill to avoid government shutdown". CNBC. Retrieved February 17, 2019.
- "Vast Majority of Americans Frustrated, Embarrassed by the Shutdown, Support Back Pay for Federal Workers". Ipsos. Retrieved February 20, 2019.
- Wagner, John; Dawsey, Josh; Paletta, Damian (February 15, 2019). "Shutdown averted: President Trump has signed a sweeping spending bill hours before funding expired for parts of the government". Washington Post.
- Fritze, John; Collins, Michael (February 16, 2019). "'I didn't need to do this.' Critics say Trump quote undercuts national emergency for border wall". USA Today. Retrieved February 17, 2019.
- Baker, Peter (February 15, 2019). "Trump Declares a National Emergency, and Provokes a Constitutional Clash". The New York Times. Retrieved February 17, 2019.
- Forgey, Quint (February 16, 2019). "'I didn't need to do this': Dems pounce on Trump's national emergency admission". Politico. Retrieved February 17, 2019.
- Blake, Aaron (February 15, 2019). "Analysis | 'I didn't need to do this': Trump just kneecapped his own case for a 'national emergency'". Washington Post. Retrieved February 17, 2019.
- Baker, Peter (February 15, 2019). "Trump Declares a National Emergency, and Provokes a Constitutional Clash". The New York Times. Retrieved February 16, 2019.
The emergency declaration, according to White House officials, enables the president to divert $3.6 billion from military construction projects to the wall. Mr. Trump will also use more traditional presidential discretion to tap $2.5 billion from counternarcotics programs and $600 million from a Treasury Department asset forfeiture fund.
- Seligman, Lara. "Trump Declares National Emergency in 'Slap in the Face to Military Families'". Foreign Policy. Retrieved February 15, 2019.
- Lu, Denise (February 15, 2019). "Trump's Emergency Declaration is the First Since 9/11 to Authorize Military Action". The New York Times. Retrieved February 16, 2019.
- Donnelly, John M. (February 21, 2019). "Congress could block big chunk of Trump's emergency wall money". Roll Call. Retrieved February 22, 2019.
That includes $3.6 billion from unspent military construction money, $2.5 billion in unspent Pentagon counterdrug funds and $600 million from a Treasury Department asset forfeiture account. But the Defense Department has told lawmakers that only $85 million remains unspent in the counterdrug account, a House Appropriations spokesman said Thursday.
- "Third of money Trump plans to use to build wall has already been spent". The Independent. February 22, 2019. Retrieved February 22, 2019.
- Graves, Brad (March 19, 2019). "Some Military Construction May Wait for Border Wall". San Diego Business Journal. Retrieved March 20, 2019.
- Wagner, John; Werner, Erica (March 26, 2019). "Pentagon announces $1-billion transfer for border barriers, as Democrats object". Los Angeles Times. Retrieved March 27, 2019.
- Bacon, Jr., Perry (February 18, 2019). "Could Congress Block Trump's Emergency Declaration?". Fivethirtyeight.com.
- Caygle, Heather; Ferris, Sarah. "Pelosi: House moving 'swiftly' to block Trump's emergency declaration". Politico.
- "H.J.Res.46 - Relating to a national emergency declared by the President on February 15, 2019". Congress.gov. Retrieved March 15, 2019.
- "The Latest: House blocks Trump's emergency declaration". Washington Post.
- Everett, Burgess. "Rand Paul to oppose Trump on national emergency". Politico.
- Wise, Justin (March 4, 2019). "Rand Paul says 'at least' 10 GOP senators are ready to vote against Trump's emergency declaration". The Hill.
- Cochrane, Emily; Thrush, Glenn (March 14, 2019). "Senate Rejects Trump's Border Emergency Declaration, Setting Up First Veto". The New York Times.
- Caroline Kelly & Phil Mattingly, These 12 GOP senators voted against Trump's national emergency declaration, CNN (March 14, 2019).
- Roll Call Vote No. 49: On the Joint Resolution (H.J. Res. 46), Secretary of the Senate, 116th Congress, 1st Session (March 14, 2019).
- "Trump issues first veto of his presidency, says resolution 'put countless Americans in danger'". CNN. March 15, 2019. Retrieved March 15, 2019.
- "Veto Message to the House of Representatives for H.J. Res. 46". The White House.
- @SpeakerPelosi (March 15, 2019). "On March 26, the House will once again act to protect our Constitution and our democracy from the President's emergency declaration by holding a vote to override his veto" (Tweet) – via Twitter.
- Montoya-Galvez, Camilo (March 26, 2019). "Attempt to override Trump veto on national emergency resolution fails in House". CBS News. Retrieved March 26, 2019.
- "FINAL VOTE RESULTS FOR ROLL CALL 127". United States House Clerk. March 26, 2019. Retrieved March 26, 2019.
- Carney, Jordain (October 17, 2019). "Senate fails to override Trump veto over emergency declaration". The Hill. Retrieved October 17, 2019.
- Baker, Peter (February 15, 2019). "Trump Declares a National Emergency, and Provokes a Constitutional Clash". The New York Times. ISSN 0362-4331. Retrieved February 16, 2019.
- Romero, Simon (February 15, 2019). "Trump Declared a Border Emergency. Here's How It Could Be Undone in Court". The New York Times. Archived from the original on February 16, 2019. Retrieved February 16, 2019.
- "El Paso County & Border Network for Human Rights v. President Trump, et al. – Complaint". Protect Democracy. Retrieved February 21, 2019.
- Maria, Cortés Gonzáles (February 15, 2019). "El Paso County community leaders announce lawsuit against state of emergency declaration". El Paso Times. Retrieved February 16, 2019.
- Moore, Robert; Tyx, Daniel (February 15, 2019). "Border communities begin legal challenges to Trump's emergency declaration, wall construction". Washington Post. El Paso. Retrieved February 16, 2019.
- Gomez, Alan; Hayes, Christal (February 15, 2019). "First lawsuits filed against Trump's national emergency order". USA Today. Retrieved February 16, 2019.
A barrage of organizations and officials have already pledged to fight this in court.
- Axelrod, Tal (February 15, 2019). "First lawsuit filed against Trump emergency declaration". TheHill. Retrieved February 16, 2019.
- Savage, Charlie; Pear, Robert (February 18, 2019). "16 States Sue to Stop Trump's Use of Emergency Powers to Build Border Wall". The New York Times. Retrieved February 19, 2019.
- Reuters (February 19, 2019). "16 US states sue over Trump border wall emergency declaration". The Guardian. Retrieved February 19, 2019.
- "US states sue Trump over border wall". BBC News. February 19, 2019. Retrieved February 19, 2019.
- Clark, Dartunorro. "ACLU sues Trump over his national emergency for border wall". NBC News. Retrieved February 20, 2019.
- Frazin, Rachel (February 15, 2019). "ACLU announces lawsuit against Trump over 'blatantly illegal' national emergency". The Hill. Retrieved February 16, 2019.
- Kendall, Brent; Radnofsky, Louise (May 25, 2019). "Federal Judge Blocks Trump's Border-Wall Plans". Wall Street Journal.
- Maura Dolan, Trump may not use military money for border wall, federal appeals court decides, Los Angeles Times (July 3, 2019).
- Liptak, Adam (July 26, 2019). "Supreme Court Lets Trump Proceed on Wall Plans Amid Legal Fight" – via NYTimes.com.
- de Vogue, Ariane (July 26, 2019). "Supreme Court clears way for Trump admin to use Defense funds for border wall construction". CNN. Retrieved July 26, 2019.
- Thomsen, Jacqueline (July 26, 2019). "Supreme Court rules Trump can use military funds for border wall construction". The Hill. Retrieved July 26, 2019.
- Josh Gerstein, Appeals court lifts block on $3.6 billion for Trump border wall plan, Politico (January 8, 2020).
- Hsu, Spencer S. (June 3, 2019). "Judge rejects House suit to block transfer of billions of dollars for Trump border wall". The Washington Post.
- Thomsen, Jacqueline (June 3, 2019). "Judge rejects House Democrats' attempt to block Trump use of military funds for border wall". The Hill. Retrieved June 5, 2019.
- "Lawsuit Challenges Trump's Emergency Declaration for Border Wall". Center for Biological Diversity. February 16, 2019. Archived from the original on February 19, 2019. Retrieved February 19, 2019.
- "Complaint for Declaratory and Injunctive Relief" (PDF). Center for Biological Diversity. February 16, 2019.
- Savage, Charlie (February 14, 2019). "Trump's Face-Saving Way Out of Crisis Raises Fears Over Rule of Law". The New York Times. ISSN 0362-4331. Retrieved February 15, 2019.
- Klein, Philip (February 14, 2019). "Trump declaring a national emergency to build border wall with McConnell's support will come back to haunt conservatives". Washington Examiner. Retrieved February 15, 2019.
- Everett, Burgess; Desiderio, Rew; Zanona, Melanie (February 14, 2019). "Trump shocks GOP with emergency declaration". Politico. Retrieved February 15, 2019.
- Woodruff, Judy; Panetta, Leon (February 14, 2019). "Why Trump's national emergency plan could present a 'major constitutional test'". PBS. Retrieved February 15, 2019.
Generally, it's a hard case to make that it constitutes the kind of a national emergency that would be able to support the president's move here... But, ultimately, the courts will have to decide whether, indeed, the president has this kind of power. Look, Judy, we're operating under a Constitution that provides checks and balances. And those checks and balances are aimed at trying to limit the power of the president, the power of the Congress, power of the courts. That's why our forefathers created it. A president who now uses a national emergency to bypass the will of Congress with regards to funding for a wall is basically rejecting an important check and balance that was built into our Constitution.
- Illing, Sean (February 15, 2019). "Trump declared a national emergency at the border. I asked 11 experts if it's legal". Vox.
I reached out to 11 legal experts and asked them to assess the president’s prospects. The consensus seems to be that while there is enough ambiguity in the law to permit Trump to declare an emergency, his decision to circumvent Congress and use the military to build a wall will very likely lose in court.
- Witherspoon, Andrew (February 15, 2019). "Why national emergencies are usually declared". Axios.
Most experts agree that Trump's use of a national emergency is a legally questionable use of emergency powers.
- Ackerman, Bruce (January 5, 2019). "Opinion | No, Trump Cannot Declare an 'Emergency' to Build His Wall". The New York Times. ISSN 0362-4331. Retrieved February 14, 2019.
- Fritze, John (February 15, 2019). "National emergencies are common; declaring one for a border wall is not". USA Today.
Experts said the idea of using a national emergency to build the president’s promised border wall would be novel, and both Democrats and outside groups have threatened to sue.
- "Trump's presidency enters a new imperial phase – and Mitch McConnell just rolls over". The Washington Post. February 14, 2019. Retrieved February 15, 2019.
- Dunne, Erin (February 15, 2019). "Trump's emergency declaration stretches the law and violates the separation of powers". The Washington Examiner.
- "Trump's 'national emergency' plan reveals real crisis in America". The Houston Chronicle. February 14, 2019. Retrieved February 15, 2019.
- Allen, Jonathan (February 15, 2019). "Trump's declaring a national emergency to get his wall. He's forcing a constitutional crisis". NBC News.
- McBain, Sophie. "After a political crisis, Trump's national emergency plan creates a constitutional one". New Statesman. Retrieved February 15, 2019.
- Stieb, Matt (February 15, 2019). "Everything You Need to Know About Trump's National Emergency Plan". New York Magazine.
- McCarthy, Tom (February 15, 2019). "National emergency: Trump's 'clear abuse of power' faces torrent of lawsuits". The Guardian.
- "Democracy for All? V-Dem Annual Democracy Report 2018" (PDF). Varieties of Democracy. May 28, 2018. pp. 5–6, 16, 19–22, 27–32, 36, 46, 48, 54, and 56. Retrieved February 15, 2019.
- "Wave 7 Report – October/November 2018". Bright Line Watch. November 15, 2018. Retrieved February 15, 2019.
- "Democracy in Retreat: Freedom in the World 2019". Freedom House. Retrieved February 15, 2019.
At the midpoint of his term, however, there remains little question that President Trump exerts an influence on American politics that is straining our core values and testing the stability of our constitutional system. No president in living memory has shown less respect for its tenets, norms, and principles. Trump has assailed essential institutions and traditions including the separation of powers, a free press, an independent judiciary, the impartial delivery of justice, safeguards against corruption, and most disturbingly, the legitimacy of elections. Congress, a coequal branch of government, has too frequently failed to push back against these attacks with meaningful oversight and other defenses.
- de los Santos, Senerey (February 18, 2019). "Hundreds show up for 'fake national emergency' protest in Ventura". KEYT. Retrieved February 20, 2019.
- Prosser, Maggie; Ludlow, Randy (February 18, 2019). "Protesters call Trump wall emergency a 'fake'". The Columbus Dispatch. Retrieved February 20, 2019.
- "Nationwide Protests Against Trump's 'Emergency'". Courthouse News Service. Associated Press. February 19, 2019. Retrieved February 20, 2019.
- Cochrane, Emily (February 25, 2019). "Former Lawmakers Pressure Congress to Reject Trump's Emergency Declaration" – via NYTimes.com.
- Hulse, Carl; Thrush, Glenn (February 16, 2019). "Trump's Attempt to Circumvent Congress Leaves Uneasy Senate Republicans With Hard Choice". Nytimes.com.
- Harry Enten. "Donald Trump is well positioned to fend off a primary challenge in 2020". CNN.com.
- Hulse, Carl; Thrush, Glenn (February 16, 2019). "Trump's Attempt to Circumvent Congress Leaves Uneasy Senate Republicans With Hard Choice". The New York Times. Archived from the original on February 16, 2019. Retrieved February 16, 2019.
- "A Funded Government". News Center – U.S. Senator Johnny Isakson. February 15, 2019. Archived from the original on February 16, 2019. Retrieved February 16, 2019.
- Allen, Emily. "Reaction to emergency split on party, state lines". Grand Forks Herald. Retrieved February 17, 2019.
- Segers, Grace (February 15, 2019). "Republicans respond to Trump's national emergency declaration". CBS News. Retrieved February 16, 2019.
- Haddad, Ken (February 15, 2019). "Michigan GOP Congressman: Trump 'circumventing constitutional system' with emergency declaration". ClickOnDetroit.com. Graham Media Group. Archived from the original on February 15, 2019. Retrieved February 16, 2019.
- Samuels, Brett. "GOP rep: Trump emergency declaration puts US in 'uncharted territory'". The Hill. Retrieved February 19, 2019.
- "Transcript: Rep. Will Hurd on "Face the Nation," February 17, 2019". CBS News. Retrieved February 19, 2019.
- Schwartz, Ian (February 14, 2019). "Pelosi: Democratic President Will Now Be Able To Declare National Emergency On Guns". RealClearPolitics. RealClearHoldings, LLC. Retrieved February 15, 2019.
- Pramuk, Jacob (February 15, 2019). "Pelosi and Schumer criticize Trump national emergency declaration". www.cnbc.com. CNBC LLC. CNBC. Retrieved February 15, 2019.
- Wagner, John; Dawsey, Josh; Paletta, Damian. "Trump's border emergency: Democrats criticize declaration, vow action". Washington Post. Retrieved February 15, 2019.
- "Pelosi, Schumer blast Trump's emergency declaration". The Boston Globe. AP News. February 15, 2019. Retrieved February 15, 2019.
"The Latest: Pelosi, Schumer rip Trump emergency declaration". AP News. February 15, 2019. Retrieved February 15, 2019.
- Charns, David (February 15, 2019). "Collins, Maine's entire congressional delegation, criticize national emergency plan". WMTW News 8 Portland. Retrieved February 17, 2019.
- Sneed, Tierney (February 15, 2019). "House Dems Open Probe Into Trump Border Move, With Hearing In 'Coming Days'". Talking Points Memo. Retrieved February 16, 2019.
- Cohen, Michael A. (February 15, 2019). "President Trump's national emergency threatens democracy". Boston Globe. Retrieved February 18, 2019.
- Truax, Chris (February 17, 2019). "Donald Trump's emergency declaration is an attack on democracy". USA Today. Retrieved February 18, 2019.
- Boot, Max (February 15, 2019). "Trump's 'emergency' is his latest assault on the norms of American democracy". The Washington Post. Retrieved February 18, 2019.
- "Republicans fear the next Democratic president could declare an emergency over climate change or guns". Theweek.com. January 11, 2019.
- "What are people saying about Trump's national emergency?". BBC News. February 17, 2019.
- Concha, Joe (February 15, 2019). "Coulter fires back at Trump: 'Only national emergency is that our president is an idiot'". The Hill. Retrieved February 19, 2019.
- Smith, Allan (February 17, 2019). "Trump's border declaration facing legal challenges; experts weigh in". NBC News. Retrieved February 18, 2019.
- Axelrod, Tal (February 16, 2019). "Hewitt: Trump could win legal challenge over emergency declaration". The Hill. Retrieved February 18, 2019.
- Thomson-DeVeaux, Amelia (February 15, 2019). "Does Trump's National Emergency Set A Problematic Precedent For Conservatives?". FiveThirtyEight. Retrieved February 16, 2019.
Republicans’ endorsement of a potentially dramatic expansion of executive power. There is a potential case to be made that Trump’s action, regardless of what it means for the future, violates basic principles of limited-government conservatism, which is generally opposed to executive overreach and supportive of a strong separation of powers.
- Moon, Emily. "Trump Declared a National Emergency Over the Border Wall. What Will Happen Now?". Pacific Standard. Retrieved February 22, 2019.
- Paletta, Damian; Wagner, John; Mike, DeBonis. "Trump declares national emergency on southern border in bid to build wall". The Washington Post. Washington Post. Retrieved February 22, 2019.
- "Butterfly Center, Chapel Spared in Bill Funding New Border Barrier in Rio Grande Valley". Rivard Report. February 14, 2019.
- "CONFERENCE REPORT [To accompany H.J. Res. 31]" (PDF). U.S. House of Representatives.
- "Documents: Border wall could impact 15 percent of Rio Grande refuge". Herald-Mail Media. April 1, 2019.
- "A cowboy priest battles to protect 153-year-old Texas chapel from a border fence". L.A. Times. January 30, 2019. Retrieved February 1, 2019.
- "Georgetown Law helps Texas diocese fight border wall". Crux. January 30, 2019. Retrieved February 1, 2019.
- "Procession shows support for Texas chapel at center of border wall plan". Crux. Catholic News Service. April 18, 2019.
- Perry Bacon Jr., Trump's National Emergency Policy Is Unpopular, But Not Really Unpopular, FiveThirtyEight (February 22, 2019).
- Domenico Montanaro, Poll: 6-In-10 Disapprove of Trump's Declaration of a National Emergency, NPR.
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