WASHINGTON (AP) - Defiant in the face of a stinging budget defeat, President Donald Trump declared a national emergency Friday to get more federal dollars for his long-promised wall at the U.S.-Mexico border, relying on a broad interpretation of his powers that was certain to trigger stiff legal challenges.
Bypassing Congress, which approved far less money for his proposed wall than he had sought, Trump said he will use executive action to siphon billions of dollars from federal military construction and counterdrug efforts for the wall. The move drew immediate bipartisan criticism on Capitol Hill and is expected to face rounds of legal challenges.
Trump made the announcement from the Rose Garden, as he claimed illegal immigration was "an invasion of our country."
Sen. Lamar Alexander's response
U.S. Sen. Lamar Alexander, R-Tenn., today released a statement in the wake of President Donald Trump's declaration of a national emergency on the border with Mexico."The president has made a strong case for increased border security, but declaring a national emergency is unnecessary, unwise and inconsistent with the U.S. Constitution," Alexander said. "It is unnecessary because significant additional money already has been approved by Congress that he could spend on border security without declaring a national emergency. "In fact, the president announced today that he would spend $3 billion of this additional funding to fund construction of the border wall. This $3 billion is in addition to the $22 billion Congress appropriated on Thursday for detention beds, technology, border patrol agents, ports of entry, replacing existing wall and 55 miles of new wall.Alexander said the declaration is unwise because "if this president can declare a national emergency to build a wall, the next president can declare a national emergency to tear it down; or declare a climate change emergency to close coal plants and build wind turbines; or a health care emergency and force into Medicare the 180 million Americans with health insurance on the job."It is inconsistent with the U.S. Constitution because, after the American Revolution against a king, our founders chose not to create a chief executive with the power to tax the people and spend their money any way he chooses," Alexander said. "The Constitution gives that authority exclusively to a Congress elected by the people."Alexander voted Thursday for legislation that Congress passed and the president signed that the senator said made a "significant down payment on border security." That new law included $22 billion for border security, which includes 55 new miles of physical barrier or wall on the southern border, an increase of 5,000 detention beds, funding for technology and more border agents and funding to secure the ports of entry.
In a comment that will surely be used to challenge the legal underpinnings of his emergency declaration, Trump hinted at the political realities behind his action. "I could do the wall over a longer period of time," he said. "I didn't need to do this, but I'd rather do it much faster."
Trump's move followed a rare show of bipartisanship when lawmakers voted Thursday to fund large swaths of the government and avoid a repeat of this winter's debilitating five-week government shutdown. Trump's insistence on wall funding has been a flashpoint in his negotiations with Congress for more than two years, as has the resistance of lawmakers in both parties to meeting the president's request. West Wing aides acknowledged there was insufficient support among Republicans to sustain another shutdown fight, leading Trump to decide to test the limits of his presidential powers.
The money in the bill for border barriers, about $1.4 billion, is far below the $5.7 billion Trump insisted he needed and would finance just a quarter of the more than 200 miles (322 kilometers) he wanted this year.
To bridge the gap, Trump announced that he will be spending roughly $8 billion on border barriers - combining the money approved by Congress with funding he plans to repurpose through executive actions, including the national emergency.
Despite widespread opposition in Congress to proclaiming an emergency, including by some Republicans, Trump was responding to pressure to act unilaterally to soothe his conservative base and avoid appearing like he's lost his nerve on his defining promise to voters. Trump advisers on the campaign and inside the White House insist that, fulfilled or not, the promise of a wall is a winning issue for Trump as he heads into his re-election campaign as long as he doesn't appear to be throwing in the towel.
Word that Trump would declare the emergency prompted condemnations from Democrats and threats of lawsuits from states and others who might lose federal money or said Trump was abusing his authority.
In a sing-songy tone of voice, Trump described how the decision will be challenged and work its way through the courts, including up to the U.S. Supreme Court.
He said, "Sadly, we'll be sued and sadly it will go through a process and happily we'll win, I think."
House Speaker Nancy Pelosi, D-Calif., and Senate Minority Leader Chuck Schumer, D-N.Y., called it an "unlawful declaration over a crisis that does not exist" and said it "does great violence to our Constitution and makes America less safe, stealing from urgently needed defense funds for the security of our military and our nation. "
"The President's actions clearly violate the Congress's exclusive power of the purse, which our Founders enshrined in the Constitution," they said in a joint statement. "The Congress will defend our constitutional authorities in the Congress, in the Courts, and in the public, using every remedy available."
Democratic state attorneys general also said they'd consider legal action to block Trump.
Even if his emergency declaration withstands scrutiny, Trump is still billions of dollars short of the overall funding needed to build the wall as he promised in 2016. After two years of effort, Trump has not added any new border mileage; all of the construction so far has gone to replacing and repairing existing structures. Ground is expected to be broken in South Texas soon on the first new mileage.
Trump's vision for the wall already has been substantially scaled down since his campaign for the White House, when it was to be built of concrete and span the length of the 1,900-mile border and be paid for by Mexico. Now, he's looking to build "steel slats" along about half of the 1,900-mile stretch, relying on natural barriers for the rest. Previous administrations constructed over 650 miles of barriers.
The White House said Trump would not try to redirect federal disaster aid to the wall, a proposal they had considered but rejected over fears of a political blowback.
Some Republicans warn that future Democratic presidents could use his precedent to force spending on their own priorities, like gun control. GOP critics included Maine Sen. Susan Collins, who said emergency declarations are for "major natural disasters or catastrophic events" and said its use would be of "dubious constitutionality."
Trump argued that his immediate three predecessors had made emergency declarations, though the presidents he cited did not use emergency powers to pay for projects that Congress wouldn't support.
Congressional aides say there is $21 billion for military construction that Trump could tap, but by law it must be used to support U.S. armed forces. The Defense Department declined to provide details on available money.
The declaration caps a tumultuous two months of negotiating and political warfare in the nation's capital, with consequences likely to last through next year's campaign.
Trump sparked a shutdown before Christmas after Democrats snubbed his $5.7 billion demand for the wall. The closure denied paychecks to 800,000 federal workers, hurt contractors and people reliant on government services and was loathed by the public.
With polls showing the public blamed him and GOP lawmakers, Trump folded on Jan. 25 without getting any of the wall funds. His capitulation was a political fiasco for Republicans and handed Pelosi a victory less than a month after Democrats took over the House and confronted Trump with a formidable rival for power.
Statement declaring national emergency on U.S.-Mexico border
WASHINGTON (AP) - Text of the proclamation signed by President Donald Trump declaring a national emergency on the US-Mexico border:
Declaring a National Emergency concerning the southern border of the United States by the president of the United States of America.
A Proclamation:
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. 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