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Trump Declares National Emergency at the Southern Border
Fox News reports:
President Trump said Friday he is declaring a national emergency on the southern border, tapping into executive powers in a bid to divert billions toward construction of a wall even as he plans to sign a funding package that includes just $1.4 billion for border security. “We’re going to confront the national security crisis on our southern border … one way or the other, we have to do it,” Trump said in the Rose Garden.
The text of the Executive Order declaring a national emergency has been made available at Whitehouse.gov:
Published in GeneralThe current situation at the southern border presents a border security and humanitarian crisis that threatens core national security interests and constitutes a national emergency. The southern border is a major entry point for criminals, gang members, and illicit narcotics. The problem of large-scale unlawful migration through the southern border is long-standing, and despite the executive branch’s exercise of existing statutory authorities, the situation has worsened in certain respects in recent years. In particular, recent years have seen sharp increases in the number of family units entering and seeking entry to the United States and an inability to provide detention space for many of these aliens while their removal proceedings are pending. If not detained, such aliens are often released into the country and are often difficult to remove from the United States because they fail to appear for hearings, do not comply with orders of removal, or are otherwise difficult to locate. In response to the directive in my April 4, 2018, memorandum and subsequent requests for support by the Secretary of Homeland Security, the Department of Defense has provided support and resources to the Department of Homeland Security at the southern border. Because of the gravity of the current emergency situation, it is necessary for the Armed Forces to provide additional support to address the crisis.
NOW, THEREFORE, I, DONALD J. TRUMP, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 201 and 301 of the National Emergencies Act (50 U.S.C. 1601 et seq.), hereby declare that a national emergency exists at the southern border of the United States, and that section 12302 of title 10, United States Code, is invoked and made available, according to its terms, to the Secretaries of the military departments concerned, subject to the direction of the Secretary of Defense in the case of the Secretaries of the Army, Navy, and Air Force. To provide additional authority to the Department of Defense to support the Federal Government’s response to the emergency at the southern border, I hereby declare that this emergency requires use of the Armed Forces and, in accordance with section 301 of the National Emergencies Act (50 U.S.C. 1631), that the construction authority provided in section 2808 of title 10, United States Code, is invoked and made available, according to its terms, to the Secretary of Defense and, at the discretion of the Secretary of Defense, to the Secretaries of the military departments. I hereby direct as follows:
Section 1. The Secretary of Defense, or the Secretary of each relevant military department, as appropriate and consistent with applicable law, shall order as many units or members of the Ready Reserve to active duty as the Secretary concerned, in the Secretary’s discretion, determines to be appropriate to assist and support the activities of the Secretary of Homeland Security at the southern border.
Sec. 2. The Secretary of Defense, the Secretary of the Interior, the Secretary of Homeland Security, and, subject to the discretion of the Secretary of Defense, the Secretaries of the military departments, shall take all appropriate actions, consistent with applicable law, to use or support the use of the authorities herein invoked, including, if necessary, the transfer and acceptance of jurisdiction over border lands.
Sec. 3. This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of February, in the year of our Lord two thousand nineteen, and of the Independence of the United States of America the two hundred and forty-third.
DONALD J. TRUMP
I believe our government spend at least 100X more on healthcare for Americans. So what is your complaint again?
Wouldn’t it be so much more efficient if Presidents could rule by Decree?
All Congress needs to do is pass an enabling act.
Or better yet, maybe a president can just declare an emergency.
Even FDR couldn’t do his Court Packing Scheme by Decree.
Well, FDR wasn’t a Republican. If he was, it would’ve been okay.
Here are the three previous orders Trump has issued:
Having only skimmed these orders and not being otherwise familiar with the whole process, they strike me as rather different than the one Trump is issuing today.
If you look at previous national emergencies declared by presidents in the last 40 years, they are very similar.
Harry Reid changed the rules on filibusters on Executive appointments. We used it to confirm members of the cabinet and judges.
The Dems will win sooner or later. How long until they start moving around money for their pet projects?
Yep. We all care less and less with each administration.
Wiki’s list is here. Skimming, Fred seems to be correct: they’re overwhelmingly about imposing sanctions on foreign actors. FWIW, I’ve not been able to find the text of the current one.
I have absolutely no issue whatsoever with expanding border fencing and security; my only issue here is the president using this method to do an end run-around Congress.
There is no emergency…..this is a complete abuse of power by the executive. Can’t wait for the next greeny president to declare a national climate change emergency. Idiotic.
Either that or for guns. I mean, children are being killed. What could possibly be more of an emergency?
I am very much in favor of a significantly enhanced physical barrier at our southern border, whether a wall or a serious fence or something in-between.
The word “emergency” suggests both a seriousness and an immediacy that, on first examination, the current situation lacks, and I had hoped that the President would not invoke his emergency powers. I am surprised that a more conventional use of executive authority couldn’t achieve the same redirection of resources: Congress not authorizing money for a wall is not technically the same as Congress explicitly prohibiting construction of a wall, nor is it practically the same if the President has the legal authority to direct other funds toward wall construction. I don’t know how much latitude he has.
Above all, I want the President to comply with the law. It’s ambiguous whether or not invoking his emergency authority in this way is legal; precedence suggests it probably is.
I fully expect the courts, which seem at least as interested in shaping policy as determining legality and constitutionality, to block any executive action before the virtual ink dries on this virtual page.
Having said all that, I think there is an argument for treating the border situation as an actual emergency — specifically, as a significant component in a pattern of wanton recklessness with the integrity of our electoral process, a pattern that includes states refusing to reveal electoral records to investigators, states defying federal immigration law, a party that seeks to abrogate immigration law through executive non-enforcement and the deliberate crippling of enforcement agencies, and the deliberate and increasing blurring of legal and non-legal status in the issuance of state identification documents.
In short, I think the Democratic party and its fellow travelers are engaged in a very real assault, through means both legal and illegal, on the integrity of future elections. That situation will shift from scandalous to serious to catastrophic — from the perspective of someone who values free and fair elections — unless something is done to change direction. And that may well warrant treating the lack of effective border security as an emergency.
Congress is culpable here. They have been throwing their power away by relying on the courts rather than writing and passing legislation.
Regarding the 31 current active National Emergencies Congress had a role and powers with the “Iran Nuclear Deal” and guess which one they chose? Right, they chose to do nothing. Again.
Why spend more on health in other countries, most whom probably hate us anyway, than on our border security? I see the wall as one part of protecting the health of our country. Stopping ‘birthright’ citizenship, putting employers of illegals in jail, cutting off the welfare freebies for illegal— all part of the same prescription to heal this country.
Aaron, you may be missing one important thing about THIS particular border emergency. When, ever, in US history have mobs of illegal “immigrants” 2000 strong attempted to beat down our borders at the same time? When, ever, has there been an invasion force of civilians at our border, demanding entry? When, ever, in US history, have crowds of children, no parents in sight, attempted to cross the US border? This time is really different, and the consequences of letting those illegal aliens into our country are dire.
It’s coming, especially if this stupid crap gets through the courts. National emergency over gun violence is something that progressive already dream of and now they are one step closer.
I think it’s more Congress relying on presidents (or, more broadly, the executive branch) to do their work for them.
This is not something new: it’s just been getting progressively worse over the years. Obama essentially did the same thing with DACA and now Trump with the Wall.
Yes, great example of why this in no way meets the definition of an emergency. That was handled jst fine. No matter how much the media tried to hype the “spontaneous” caravan, there was no danger of them succeeding with crossing the border en mass. It did not require an national emergency to be declared, current laws and assets were totally capable of dealing with it. This is purely the executive branch trying to figure out a way to bypass congress when it doesn’t get what it wants. Just because a bunch of you want it too, doesn’t mean the methods are valid or correct. (i know….ends justify the means and all that because dems are bad, etc etc)
2014, I believe.
Right on! Trump takes bold action to not only keep the government open (as if shutting it down is a crisis – it’s not), but to secure our southern border once and for all.
The big loser in this is Congress for not recognizing the problem and dealing with it.
Yeah, no president has ever done an end-run around Congress to get what he wanted.
Can Obama’s Legal End-Run Around Congress Be Stopped?
Obama’s symbolic end-run around Congress
Obama’s U.N. End Run Around Congress on Iran
Halting Obama’s Immigration End-Run around Congress
My phone battery is low, so I can’t check all of them atm.
Which of those were national emergency declarations?
YES, current laws & assets COULD have been used to circumvent this situation from developing, but no one would enforce the laws or put assets where needed over the last 30-40 YEARS. Just what happened to the wall money Pelosi, Schumer, etc., voted for in 2006?
I agree completely about the severity. I even agree that it is a pressing issue. But that has been the case for years and nothing but lack of will prevents the problems from being dealt with legislatively.
The President’s emergency authorities exist to address needs for which legislation is too protracted a process even under ideal circumstances. That is precisely the reason a President is Commander-in-Chief during situations of war.
His emergency powers do not exist to counteract obstinance of legislators.
Granted, the dereliction of duty by legislators undermines the legitimacy of our government and threatens our society in other ways. But unleashing the Executive branch also threatens us. At best, this action expresses a preference for one lawless tyranny over another. American government will corrode either way.
Because $1.4B is not even close to enough to get the job done.
He’s using a law passed by congress that gives him the authority to do this. You can disagree with the law but you cannot claim that the rule of law is dissolving.
It’s not an end run around Congress if Congress gave the president the power to do it. This is like basic logic, is it not? I don’t understand what’s so complicated here. By all means, disagree with the policy of protecting our borders, but the declaration is not an end run around Congress.
No, Obama issued plenty of fine Executive Orders and so did Clinton. I had problems with Obama’s Executive Orders that instructed federal officers to ignore immigration law. Executive Orders in themselves are not bad. It depends on what they do.
Max, he tried to do this through legislation and failed spectacularly. Now he’s using emergency powers to do something Congress refuses to do.
Do you not see this? Or are you being intentionally obtuse?