States Sue to Stop Border Wall Funding

States Sue to Stop Border Wall Funding

“Build the Wall!” “Build the Wall!” This was the infamous slogan at the center of the Trump presidential campaign. Now, more than two years into Donald Trump’s presidency, the POTUS has – out of desperation – finally devised a scheme to fund his multi-billion dollar pipe dream. After a thorough trouncing by Speaker of the House Nancy Pelosi, the president has actually declared a national emergency in order to secure funds for his wall. However, as we have said on this blog, attorneys like me – as well as states attorneys general have played a vital role in resisting the president’s wrongheaded policies on immigration. Let’s take a look at his latest attack on both legal and illegal immigration and what the outcome may be.

The President’s Last Ditch Effort

As I have already said, the president declared a “state of emergency” on February 15, 2019. He did so claiming that the United States was practically being overrun with murderers, kidnappers and other violent offenders from foreign countries. We have, in the past, shown that immigration is actually on the decline and that undocumented immigrants commit fewer crimes and have lower incarceration rates than native born Americans. Finally, most experts have determined that most illegal drugs entering the US come through “legal” ports of entry. Still, the president evoked the National Emergency Act which was enacted on September 14, 1976. So, what is this Act and what does it allow the president to do?

National Emergency Powers Explained

The National Emergency Act allows the president to pronounce a national emergency when he considers it appropriate. However, the law does not specifically define what an “emergency” is. It presumes that the president – whoever he or she may be – would not do so in non-emergency situations. The Act gives the president access to certain funds and resources that he would otherwise not have. The important thing to remember is that the president’s declaration can be and has been challenged.wall

What Happens Next

Sixteen states have sued the president saying that the declaration was unnecessary. Many have cited the president’s own words when he publicly declared that he “did not have to do this.” The states suing the president are: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon and Virginia. (These lawsuits could stall actual building efforts until after the 2020 election.) In addition to these lawsuits, Congress itself could vote to override the declaration although the vote would likely fall along party lines.

As you can see, the administration’s attacks on all forms of immigration are not going unanswered. I – attorney Erika Roman – am proud to join in the defense of the constitution and the rights of documented and undocumented immigrants. If you have an issue that needs to be resolved Erika Roman, immigration lawyer can help you.

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