After making offer after offer, compromise after compromise, and proposal after proposal, the administration has come to the realization the only way to actually address the humanitarian and national security emergency on the border is to declare a national emergency and to fund the wall. Something President Trump has the full legal authority to do.
President Trump has tried to go through every legislative option to fund the border wall and reopen the government, but the obstructionist, name-calling Democrats who live in mansions guarded by walls, have refused to fund a physical barrier on the US border. Those same politicians gave Tunisia money to fund a wall on the Libyan border, so why is that wall worth funding and one on the U.S. border not?
The administration for weeks has been considering whether to declare a national emergency, but CNN is reporting that the Trump administration has drafted an emergency proclamation.
“The massive amount of aliens who unlawfully enter the United States each day is a direct threat to the safety and security of our nation and constitutes a national emergency,” a draft of a presidential proclamation reads. “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 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.”
The administration has entered the 34th day in the shut down as the Democrats refuse to fund the wall, and Trump again was warning the Democrats he would use the authorities granted t0 him by the National Emergencies Act.
“I have other alternatives if I have to and I’ll use those alternatives if I have to,” the President said. “A lot of people who wants this to happen. The military wants this to happen. This is a virtual invasion of our country.”
Many Democrats only argue that the crisis at our border is manufactured and that is why he doesn’t have the authority to declare a national emergency. U.S. Immigration and Customs Enforcement, the same ICE that Democrats want to abolish, last year seized enough fentanyl to kill every single American.
In 2014, the Huffington Post reported a heartbreaking reality that the absolute majority of women who make that dangerous journey face. 80% of women and girls are raped as they are trafficked to the US Mexico border. Women and girls in Central America are given contraceptives because of the very high likelihood they will be raped.
The Border patrol has to refer, on average, 50 cases a day to medical providers and sadly we have seen the negligence of parents of illegals lead to the death of gravely sick children.
ICE has arrested 266,000 arrests of criminal illegal aliens, with 100,000 assaults, 30,000 sex crimes, and 4,000 murders, and tens of thousands of other crimes.
The porous border has been a gateway for drugs, terrorists, gangs, and human traffickers to inflict absolute misery on the immigrants and the American people, it is a national emergency. If the crisis in Burundi is an emergency then the crisis at our own border is sure as h*ll an emergency.
The President under the National Emergencies Act has to inform Congress of the planned emergency, and Congress, if it can get a 2/3 majoirty in both houses, can overrule it.
The Brennan Center Justice at NYU identified many provisions of law giving the President a range of different powers and it said
Under the powers delegated by such statutes, the president may seize property, organize and control the means of production, seize commodities, assign military forces abroad, institute martial law, seize and control all transportation and communication, regulate the operation of private enterprise, restrict travel, and, in a variety of ways, control the lives of United States citizens.
The Immigration and Nationality Act allows for President Trump to tap into an emergency fund pertaining to combatting illegal immigration but the total there in its own right is a small 20 million.
The Army Corp of Engineers under the powers of the national emergencies act has full authority to build projects that the US Congress has voted for in the past with the Secure Fences Act of 2006 a bill that Senate Minority Leader Chuck Schumer proudly supported.
The President will face a legal battle against this as the Democrats will take it to the Supreme Court, he must have one of his state AG allies sue the administration on this in a court that is friendly to conservatives.