Trump Declares National Emergency Over Border Wall, White House Braces For Legal Fight

Trump Declares National Emergency Over Border Wall, White House Braces for Legal Fight

President Donald Trump signed a national emergency declaration to secure funding to build a wall on the US southern border which immediately prompted legal challenges from state authorities and rights groups

WASHINGTON (UrduPoint News / Sputnik - 16th February, 2019) President Donald Trump signed a national emergency declaration to secure funding to build a wall on the US southern border which immediately prompted legal challenges from state authorities and rights groups.

Trump used the executive action to bypass Congress and secure up to $8 billion in US Federal funds to install 234 miles' worth of steel barriers along the country's 1,950-mile border with Mexico. Later in the day Trump signed a budget resolution to fund the government through September of 2019, meeting Friday's deadline to avert another government shutdown.

On Thursday, Congress passed a bipartisan appropriations bill that would grant the Trump administration with $1.375 billion for a border wall, which was short from the initial $5.7 billion requested by the president.

Although Trump signed the legislation in order to avert a federal government shutdown, he resorted to taking executive action to overcome the shortcomings in the appropriations bill to build the wall.

"Pursuant to section 201 of the National Emergencies Act (50 U.S.C. 1621), I hereby report that I have exercised my authority to declare a national emergency in order to address the border security and humanitarian crisis that is threatening the United States," Trump said in a letter to the leaders of the Senate and House of Representatives on Friday.

The US president during remarks to reporters on Friday said the national emergency is a "great thing" to prevent criminals from pouring over the border and onto US soil.

"It's not like it's complicated. It's very simple. We want to stop drugs from coming into our country. We want to stop criminals and gangs from coming into our country," Trump said from the White House Rose Garden on Friday.

Acting White House Chief of Staff Mick Mulvaney explained that the $8 billion includes the $1.37 billion from the bipartisan appropriations bill while the rest will be withdrawn from accounts in the departments of Defense and Treasury.

The money from the Pentagon comes from its military construction and counter-narcotics budgets while the funding from the Treasury comes from its Forfeiture Fund, Mulvaney added.

"It actually presents zero precedent. This authority is given to the president in law already," Mulvaney said.

Mulvaney underscored that the declaration does not take away money from any of Puerto Rico's or Texas' disaster relief money.

After the decision on Friday, US Senator Tim Kaine in a letter asked the Department of Defense to reveal which projects will lose funding as a result of Trump's decision to declare a national emergency and redirect Pentagon funds toward building a border wall.

Kaine was frustrated at the approach Trump decided to take considering the president has claimed for two years that the state of Mexico would, somehow, fund the construction of the border wall.

"I am concerned that a project that the President stated would be paid for by Mexico will now be borne by military servicemembers and their families, as they will be forced to remain in 'poor' or 'failing' conditions," Kaine wrote in a letter to Acting Defense Secretary Patrick Shanahan.

The US president acknowledged on Friday during his press conference that he would likely be sued for declaring the national emergency, adding that he would be successful if the potential legal battle reaches the US Supreme Court.

US Justice Department officials have warned the White House against declaring a national emergency to build the border wall because it will only get stuck in the court system, media reported on Thursday.

The officials were prophetic because on Friday a deluge of statements were issued from groups that vowed to take legal action to counter Trump's move. Congressional Democrats issued statements on Friday in support of legislative action to terminate the president's declaration.

"I will fully support the enactment of a joint resolution to terminate the President's emergency declaration, in accordance with the process described in the National Emergencies Act, and intend to pursue all other available legal options," House Judiciary Committee Chairman Jerrold Nadler said in a statement on Friday.

Nadler also said the Judiciary Committee would use its authority to hold the Trump administration to account and determine the supposed legal basis for the president's actions.

House of Representatives Homeland Security Committee Chairman Benny Thompson said both Democrats and Republicans should come together to block Trump's declaration.

House of Representatives Appropriations Committee Chairwoman Nita Lowey called Trump's national emergency declaration "phony," adding that they would review the details and determine how to challenge it legislatively and legally.

Patrick Leahy, Vice Chair of the Senate Appropriations Committee, said there is no national emergency and the US president's decision will be challenged in the courts and in Congress.

On Thursday, US House Speaker Nancy Pelosi said Democrats would review their options and be prepared to respond appropriately to Trump's declaration. US Congressman Joaquin Castro said in a statement he would introduce a measure to block Trump's national emergency declaration.

The US state of California will sue the Trump administration over its national emergency declaration and hope other states will follow, the state's Attorney General Xavier Becerra said in a press conference on Friday.

"Once we've had a chance to review the declaration we'll decide exactly how we'll proceed but the likelihood is that we will be filing an action very soon in court with other sister states partnering with the state of California," Becerra said.

Moreover, several rights groups decided to take immediate legal action against Trump's national emergency declaration.

The Public Citizen advocacy group said in a statement on Twitter on Friday it was taking legal action against Trump over his national emergency declaration.

"We are suing to stop the #FakeTrumpEmergency," Public Citizen said via Twitter. "If Trump gets away with this, there's no telling what the next concocted 'emergency' will be, who will be targeted and what emergency powers will be claimed."

The Border Network for Human Rights (BNHR), based in the Texas border town of El Paso, said in a press release it will also file a lawsuit against Trump's national emergency declaration. The group will be represented by Protect Democracy and Niskanen Center, it added.

"BNHR believes this action is based on distortion of our border and that this declaration will cause unrepairable harm to communities at the border," the group said in the press release.

The Sierra Club, an environmental group, said on Thursday it would also legally challenge the declaration.