Despite the fact that Congress refused to fund President Trump’s border wall and the fact that there was abundant evidence that no actual emergency exists, Trump declared a state of emergency on the southern border on February 15, 2019. Within hours of the announcement, interested parties started to file lawsuits- including immigrant rights activists, property rights activists, environmentalists, state officials, and Democratic senators and congressmen. Although the President has a large amount of latitude to issue national emergencies, such an action must be justified by actual facts and not contrived as a political stunt to win points with his base. Indeed, his own national security advisors and some fellow Republicans urged him that there was no legitimate justification to declare this emergency. The President himself admitted as much when he commented that he didn’t have to declare the emergency but that it was faster for him to do so to get the wall built now.
At this point, the House is voting on a bill to block the emergency declaration. Meanwhile, 16 states and a variety of other parties have already sued in Federal Court. While it is likely that at least one Judge will issue an injunction to block the declaration from going into effect, appeals will follow. The issue is likely to end up in the Supreme Court. The President could be using this time to solve the DACA dilemma or to address real national emergencies like lack of affordable health care, mothers being ripped from their children at the border, or climate change. Time will tell how this ends but no matter what it will cost millions of dollars and waste time and resources that could be used to unite our country and to solve actual emergencies.
At Joseph & Hall P.C., our immigration specialists have represented individuals, families, and employers in Colorado for more than 20 years. With law offices in Aurora, Colorado Springs, and Frisco, we are well-positioned to serve communities throughout the state. For a private immigration law consultation, contact our immigration lawyers today.
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