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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 know.
I answered in my reply to Drew in Wisconsin above. He gave Congress the deference to tackle it first, which would have been the preferred method, but they punted. Given they punted, there is no alternative but to declare an emergency. Nothing is being done to solve the crises. So it’s time to take executive action.
I guess your preferred method to solve any crises is to get the FBI to frame someone.
There is no time component to a National Emergency. It exists when ever a President says so, independent of current events. Trump could have done this day 1 in office or not for several more months. Emergency in the Act does not necessarily mean a sudden change in circumstances
In addition, you’re trying to define an emergency as requiring immediate action, a situation where there is no time for legislation. Reading over those other declarations of emergencies by all the presidents, none of them fit that definition of an emergency. All of them could wait for legislation. None of them have immediate dire consequence. You could ask that same question to all declarations of emergencies.
Exactly, and as I just said in my last comment, none of the past declarations of emergencies by all presidents seem to have immediate dire consequence.
Here is all the law cited: “The 411 on the Latest National Emergency.”
For perspective:
It’s hard to take some one seriously when they get all huffy and upset about how Trump and his team are rationally interpreting a legitimately passed act of Congress trying to solve a serious national crisis, when those same people never uttered a peep when Obama and his team ran roughshod over the Constitution, acts of Congress and who knows what with his patently illegal Executive Orders that did the nation great harm.
And employees are being shot in a warehouse by a 45 year old gunman in Illinois! It’s an emergency!
When and where did 2000 immigrants try to rush the border? Yes, they are in a camp waiting for interviews. But 2,000 did not rush the border.
We fought Obama’s illegal actions with DAPA and DACA. Trump wants executive actions on steroids.
No. DACA was arguably prosecutorial discretion, until they handed out forms costing millions of dollars without congressional approval. Trump is seeking to spend $8 Billion without congressional approval.
At a Port of Entry! A wall would have not helped.
Let’s hope that no one every firebombs the Capitol! See February 28, 1933.
They were stopped at a port of entry. How many get through elsewhere?
Right or wrong, I don’t understand how it’s in any way surprising. It would be surprising if Trump didn’t declare an emergency in this curcumstance.
(Also….guess who’s being quoted on Salon, of all places!)
Again, Obama’s declaration on Flint, MI water problems fits your definition of a ‘national’ emergency?
I do not believe Trump is setting a precedent in declaring a national emergency to get another $6.5 billion to build more border wall.
Each time a President wants to declare a national emergency will be a stand alone decision taking into consideration many variables. How any people are affected?, how much does the action cost?, how long will the actions needed have to be maintained?, etc.
But most important to a questionable declaration of national emergency is how it will play out politically. Former Congressman and Conservative syndicated radio host Joe Walsh is vehemently opposed to Trumps declaration of national emergency for border wall funding, and posited the precedent example of some terrible future school shooting prompting a (D) President to declare a national emergency to confiscate guns. Putting aside the obvious 2nd amendment impediment to such an action, the most glaring problem I see is it would directly and personally affect over a 100 million gun owners, would be hugely unpopular, would provoke mass non compliance(protest?), and would therefore be political suicide for any President who tried it.
As far as Trump’s declaration of a national emergency to build more border wall, there is a case to be made(not a great one in my opinion) that with the mass caravans and the overburdened detention facilities it could be considered a national emergency. Additionally, much of the Country supports or at least do not oppose building more border wall. Building more border wall is essentially a one time cost which lasts many years with a small ongoing maintenance expenditures, and the building of more border wall does not directly and personally affect most(essentially all) US citizens.
The reason this national emergency declaration should work for Trump politically is most of those going apoplectic about the declaration of national emergency already hate Trump and would never vote for him anyway. Many who are happy Trump declared a national emergency are Trump voters who specifically voted for Trump because he promised to build the wall. The point being, Trump had nothing to lose(further piss off Trump haters) and everything to gain(shore up his base)by declaring a national emergency to build more wall.
Lastly, if (or when) the Courts halt the wall building the Trump base will know Trump did in fact make a tangible effort to deliver on the Wall promise and was shut down by Courts.
In essence, those attached ‘strings’ are actually ‘nooses’, or maybe even ‘primer cord’ (fuses). The bill he signed is full of spike-filled pits, tripwires attached to rockfalls, and cauldrons of boiling oil. There was a veto-proof majority in both Senate and House. What options were open to him, instead of what he did? Does anyone deny the Dems & Rinos weren’t going to attack, no matter what he did? Sounds like the Kobiyashi Maru to me…..
If only there were an existing government agency dedicated to that kind of problem. Too bad, I guess we have to use the military.
I don’t know, do you have any data on that? Does that data justify a national emergency declaration?
Does a record drug bust mean there are more drugs coming in, or that they are enforcing the law better than ever?
Can “port of entry” be compared to “Maginot Line” ? Have heard a variety of caustic remarks about it.
Assume “port of entry” and “Maginot Line” are comparable. The latter was impenetrable; the former, not quite as much.
Also, consider the history of the Maginot Line. It was built, to an extent, then it ended. What happened after that ? There was an invasion—not through the Maginot Line.
Joe Walsh is a pandering hack, trying desperately to work his way into Michael Savage’s niche. He knows perfectly well that the “confiscate guns” line is a flat out lie, when he tells it. He knows The “411” on “National Emergency.” He, and every congresscritter who feigns concern, knows that “national emergency” is not “abracadabra,” granting presidents their wishes, but “open sesame,” unlocking specific sections of laws (passed by Congress and signed by a president), that grant limited authorities to presidents —if and only if the president specifically cites to those sections of law.
This whole thing is a very muddy debate. It’s fairly trivial if you ask me.
But what’s interesting to me is how, once again, some on “our” side want our Republican President to be exemplary, pristine even, on every constitutional issue – even those that are open to interpretation- and say things like, “just because Democrats do it doesn’t mean we have to do it too, that threatens our Republic!”
Ok, those of you who are fully, semi, or quasi against Trump and his supporters, or are embarrassed by him, just say when the Democrats try to overstep the boundaries of our Constitution, “just because Trump did it doesn’t mean you have to do it!”
There. It’s a gift.
An emergency is a sudden, unexpected occurrence which demands immediate action.
Flint meets this test. Sudden discovery. Unexpected. Immediate action required.
Another 300 miles of wall. Problem has been there for years, but the flow is now the lowest in over 20 years. Unexpected? Congress argued over it for months. Trump’s antics caused him to lose the House of Representatives.
The remedy, nominate and elect a President who can lead, inspire and convince like Reagan instead of Trump who is the Anti-Reagan.
“The remedy, nominate and elect a President who can lead, inspire and convince like Reagan instead of Trump who is the Anti-Reagan.”
Ok. How and when do you propose to do that, Gary?
Are you living in the real world or in your dreams?
Maybe in 2024. Is that what you mean? We might be able to agree on the guy if such a man can be found.
But you can’t be talking about 2020.
If so, who and how?
Perhaps you missed the news that William Weld is running for President in the Republican Primary. If not Weld, then Larry Hogan. If not Larry Hogan then any Republican with a pulse.
I’m confused. You just said we should nominate and elect someone who can lead and inspire and convince like Reagan.
Besides the complete absurdity that either of these two could get the nomination much less win, are you saying they can lead, inspire and convince like Reagan? ( assuming you mean convince the country of the benefits of conservatism)
Spectacularly unrealistic. Rainbows, Unicorns and world peace level fantasies.
You would do your side well to dial it down a few notches.
Larry Hogan is the poor mans version of C
While I essentially agree with Joe Walsh on most issues, I find his Radio Show which originates here out of Chicago to be unlistenable.
He is one of those guys who through a combination of repeating his sentences for dramatic effect, and speaking at about half to two thirds speed manages to get through his 3 hours of radio time with substituting speaking slowly because evidently Joe Walsh lacks the daily 3 hours of actual subject matter content.