Lawsuit Filed Against National Emergency Declaration Alleges Trump Violated U.S. Constitution

Lawsuit Filed Against National Emergency Declaration Alleges Trump Violated U.S. Constitution

Lawsuit Filed Against National Emergency Declaration Alleges Trump Violated U.S. Constitution

The American Civil Liberties Union announced its intention to sue less than an hour after the White House released the text of Trump's declaration that the "current situation at the southern border presents a border security and humanitarian crisis that threatens core national security interests and constitutes a national emergency".

Miller assailed former Republican President George W. Bush for an "astonishing betrayal" of the USA almost two decades ago when four times as many illegal migrants were entering the United States as now.

Beyond the challenge to Mr Trump's authority to declare an emergency, lawsuits also are expected to focus on the military construction project law that allows the re-allocation of money in a national emergency. Chief Justice John Roberts has emerged as the court's swing vote, and the decision on the legality of Trump's action could come down to him. "This is a threat in our country... and if the president can't defend this country, then he cannot fulfill his constitutional oath of office".

Trump declared the national emergency on Friday to circumvent Congress, which had refused his request for $5.7 billion in wall funding, even as it approved $1.375 billion for barriers along about 90 kilometers of the 3,200-kilometer border.

Miller, echoing Trump's arguments, said that an unsecured border allowed drugs and criminals to pour into the country.

Mr Trump relied on the National Emergencies Act of 1976, which Congress adopted as a way to put some limits on presidential use of national emergencies.


Acting U.S. Defense Secretary Patrick Shanahan said he thinks he has "a lot of discretion" in deciding which funds previously allocated for defense needs can instead be used to build a border wall.

Several legal experts said claims that the building of the wall is not the kind of project contemplated in the military construction law could be more hard to rebut because border security is more like a law enforcement issue than a military emergency. In addition, Congress required the money be spent supporting military operations, and opponents could argue the border wall fails to qualify.

ACLU executive director Anthony Romero said Mr Trump's remarks are an admission that there is no national emergency. "I would say by the end of the next appropriation cycle". "I could do the wall over a longer period of time". I didn't need to do this.

Democrats are planning to introduce a resolution disapproving of the declaration once Congress returns to session and it is likely to pass both chambers.

Sen. Chris Coons, a Democrat from DE, told CBS's Face the Nation that he believes Congress needs to act to "defend" its powers of the purse. "He looks tough to lots of people".

The White House is digging in for fights on multiple fronts as the president's effort to go around Congress to fund his long-promised border wall faces bipartisan criticism and multiple legal challenges. He long since abandoned direct payment from Mexico, when its leaders rejected the idea, and instead sought congressional approval of the USA taxpayer funding.

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