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PoliticsAnalysis: Trump may declare a national emergency in the border wall battle. Here’s what that means.

17:20  12 january  2019
17:20  12 january  2019 Source:   msn.com

Graham: Time for Trump to declare national emergency for border wall

Graham: Time for Trump to declare national emergency for border wall Sen. Lindsey Graham (R-S.C.) on Thursday said President Trump should declare a national emergency so he could build the U.S.-Mexico border wall after last-ditch negotiations in the Senate fell apart. "It is time for President Trump to use emergency powers to fund the construction of a border wall/barrier. I hope it works," Graham said in a statement. Graham's decision to throw his support behind the president declaring migration at the southern border a national emergency follows remarks earlier this week when he told reporters that it should be the "last resort" and is not the "preferred route.

Trump said Wednesday that he would only declare a national emergency for the border wall if he Analysis Interpretation of the news based on evidence, including data, as well as anticipating how But he just undermined his case that it’ s actually an emergency . Speaking to reporters in the Oval

Donald Trump is edging closer to declaring a national emergency to fund his long-promised border wall , as pressure mounts to find a solution to the Like nearly all drugs trafficked across the border , they were intercepted by agents at official ports of entry, he was told, and not in the remote areas

Video by Associated Press

President Trump spent the week visiting the U.S.-Mexico border and hinting he might declare a national emergency to build his long-discussed wall. On Friday, he put the idea on hold, strongly counseling congressional Democrats to rethink opposing the wall’s funding.

Rep. Adam Schiff: Trump Can't Declare National Emergency To Build Border Wall

Rep. Adam Schiff: Trump Can't Declare National Emergency To Build Border Wall Rep. Adam Schiff (D-Calif.) had a blunt assessment after President Donald Trump doubled down on his threat to declare a national emergency in order to build his border wall: Trump “doesn’t have the power.” Before leaving for Camp David on Sunday, the president told reporters that he was considering using emergency powers to build a wall on the southern border, the funding for which Congress has refused to provide. The government has been partially shut down over this impasse. require(["medianetNativeAdOnArticle"], function (medianetNativeAdOnArticle) { medianetNativeAdOnArticle.

The declaration of a national emergency gives the president special powers that he wouldn’t normally have. These emergency powers are designed to In the context of a divided Congress and a divisive national debate, a move to declare a national emergency to build a border wall is sure to spark a

He argued a border wall would "pay for itself" and reiterated his demand that Congress allocate VICE: So what mechanisms could Trump use to declare an emergency and start building a wall ? However, that particular authority in the National Emergencies Act hasn't been used very much, and

“What we’re not looking to do right now is national emergency,” he said Friday afternoon. “I’m not going to do it so fast.”

Despite this temporary reprieve, the partial government shutdown drags on.

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For Trump, the issue is twofold, according to Gerald S. Dickinson, assistant professor of law at the University of Pittsburgh School of Law: To what extent is illegal immigration a national crisis and is it unusual or extraordinary for individuals to come across the southern border?

“We’ve been dealing with this for many years through congressional legislative processes. Trump is using this power as an alternative lever to achieve a policy goal he can’t reach through Congress,” he said.

Trump has not made decision on declaring emergency over border wall -Pence

Trump has not made decision on declaring emergency over border wall -Pence USA-SHUTDOWN/PENCE (URGENT):Trump has not made decision on declaring emergency over border wall -Pence

In the long run, history will validate Donald Trump ’ s stand on a border wall to defend the sovereignty and security of the United States. The Washington Post and The New York Times each had two front-page stories about the president’ s battle with Nancy Pelosi and Chuck Schumer on funding the

If Trump declares a national emergency and allocates military funding for his border wall , it' s unclear what or who could stop him. President Donald Trump has expressed interest in declaring a state of national emergency in order to build the border wall between the United States and Mexico, which

So what is a “national emergency” and what does it mean for Trump’s border wall?

What is a national emergency?

In 1976, Congress passed the National Emergencies Act, which permits the president to pronounce a national emergency when he considers it appropriate. The act offers no specific definition of “emergency” and allows a president to declare one entirely at their discretion.

It has historically been invoked during unusual or extraordinary threats to the United States, according to Dickinson, like in response to the threat of North Korean nuclear warfare or amid the 1979 Iran hostage crisis.

By declaring a national emergency, the president avails himself of dozens of specialized laws. Some of these powers have funds he otherwise could not access.

Under current law, emergency powers lapse within a year unless the president renews them. A national emergency can be re-declared indefinitely and, in practice, is done frequently. There have been 58 pronounced under the National Emergencies Act, of which 31 are still in effect.

Lindsey Graham: It's time for Trump ‘to use emergency powers to fund’ border wall

Lindsey Graham: It's time for Trump ‘to use emergency powers to fund’ border wall Sen. Lindsey Graham on Thursday said he believed President Trump should utilize “emergency powers” to pay for a boundary at the U.S.-Mexico border.

With his solution to the border - wall impasse, the president seems to be working within the boundaries of law—revealing the weaknesses of the American political system.

President Donald Trump said Sunday that he might declare a national emergency imminently to secure "I may declare a national emergency dependent on what' s going to happen over the next few It' s unclear if this means that those who approach the southern border would be denied asylum.

When have they been declared in the past?

Presidents have declared national emergencies since World War II. As The Washington Post previously reported, Bill Clinton declared emergencies 17 times, George W. Bush 12 and Barack Obama 13.

The vast majority have been economic sanctions against foreign actors whose activities pose a national threat, according to Elizabeth Goitein, co-director of the Brennan Center for Justice’s Liberty and National Security Program.

A handful others have involved noneconomic crises:

Clinton declared a national emergency during the 1996 Cuba embargo, preventing U.S. ships or aircraft from entering Cuban territory without authorization. Obama declared a national emergency during the H1N1 Swine Flu epidemic in 2009 to activate disaster plans to set up proper patient treatment.

Bush declared a national emergency after the terrorist attacks on Sept 11, 2001; the order is still in effect today.

Is a national emergency the same thing as an executive order?

In general, national emergencies have been declared through executive orders.

'Wall Won't Get Built' If Trump Declares Emergency

'Wall Won't Get Built' If Trump Declares Emergency “I would hate to see it,” Republican Senator Ron Johnson from Wisconsin said. "I would prefer not, primarily because, if we do that, it's going to go to court."

What Someone Needs to Explain to Trump About ‘ National Emergencies ’. It’ s not just the That Trump eventually survived this scrutiny in the travel cases will be little relevance to his efforts to concoct It appears from press reports that his expanding office of lawyers is getting ready for battle .

What would happen if Trump declares a national emergency ? By doing so, Trump would have the ability to reallocate federal funds previously designated for " What that may mean in terms of adding new elements to this — in terms of court hearings and litigation that may carry this on for weeks and

An executive order is a command issued by the president that carries the force of law. The power is authorized, in part, by Article II of the U.S. Constitution.

Executive orders direct federal agencies on how to spend already-available resources.

Typically, Dickinson explained, they’re used by a president to bypass Congress and force certain departments to act. They are legally binding and need not be approved by Congress, though they can be reviewed and overturned by a court.

Thousands have been created by past presidents, covering topics as varied as the duties of the commander in chief.

For example, President Franklin Roosevelt issued an executive order in 1942, leading to Japanese American internment camps during World War II, and President Dwight Eisenhower issued an executive order in 1957, dispatching federal troops to aid with desegregation in Little Rock. In 2014, an Obama-issued order halted the deportation of more than 4 million undocumented immigrants.

The U.S. Supreme Court has only rarely held an executive order invalid — one was issued by Harry S. Truman in 1952, seizing the country’s steel mills during the Korean War, and another came from Clinton in 1995 and involved workers on strike.

Executive orders do not create new law or allocate additional funding, which is where Trump has run up against congressional hurdles.

Trump admin lawyers working out details of using national emergency to build wall

Trump admin lawyers working out details of using national emergency to build wall Administration lawyers are meeting to discuss whether Trump can declare a national emergency to build a border wall with Defense Department resources.

Declare emergency , build the wall now. President Donald Trump tours the U. S . border with Mexico at the Rio Grande on the southern On Friday, the president laid the groundwork to his potential claim of a national emergency by tweeting about the situation he observed while on the border .

US President Donald Trump has threatened to declare a national emergency and give himself the authority to go around Congress if he can’t get approval for his border wall with Mexico. Speaking to Fox News in an interview broadcast Thursday evening, Trump reiterated he had “the absolute right to

Following his inauguration, Trump issued an executive order making construction of a barrier wall across the southwest border a federal priority. The wall, of course, could not be built unless Congress provided him with the funds.

How does a president declare a national emergency?

A president must issue a written and signed declaration that specifies the specific emergency powers he plans to rely on and invoke.

“Unlike other executive orders, one that declares a national emergency unlocks the powers contained in more than 100 other laws,” Goitein told The Washington Post.

Of the vast statutory powers Trump would avail himself of, Goitein said two could arguably allow him to build the border wall with Defense Department funding.

These federal statutes make available some funds set aside for military construction projects or repurpose money originally dedicated to civil projects supporting the military and national defense.

What happens once a national emergency is declared?

If Trump follows through on declaring a national emergency, what comes next is legal and legislative pushback.

Even though there aren’t many limits on a president’s ability to declare an emergency, it does not create freedom to act carte blanche.

Anyone directly affected by the order can challenge it in court, which Goitein said will almost certainly happen here.

Congress can also draft a concurrent resolution to terminate the state of emergency, leading to a somewhat novel issue. Ordinarily, congressional resolutions support a president’s declaration of a national emergency. In the current scenario, it’s unclear whether Congress will be able to cancel the emergency order without the president’s sign-off.

Trump will lay out facts on border "crisis" in prime-time address, Pence says

Trump will lay out facts on border Vice president says Mr. Trump is "looking at" possibility of declaring a national emergency

Trump reportedly considering declaring a national emergency to fund border wall . The administration is eyeing unused money in the Army Corps of Engineers budget, specifically a disaster spending bill passed by Congress last year that includes .9 billion allocated but not spent for civil

President Trump moved closer Thursday to declaring a national emergency to bypass Congress to secure funds for a border wall and resolve a Although Democrats have approved .3 billion for border security in the current fiscal year, of the .6 billion that Trump originally asked for last year

Trump’s battle over the border wall has brought out the need to have a definition of — or at the very least, broad parameters for — what qualifies as a "national emergency," according to Goitein.

Congress passed the National Emergencies Act to give presidents access to tools they believed necessary.

"If Trump is doing something that Congress has either prohibited or expressly did not allow, he’s doing something wrong,” she said, noting that Congress will likely consider limiting the presidential abilities under the National Emergencies Act. “Before this comes up again, let’s look at the act and figure out where we need to build in more guardrails.”

David Nakamura contributed to this report.

Read more

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Fact check: What's a 'national emergency,' and can Trump declare one to get his wall?.
Legal experts said it wouldn't be as simple as Trump seemed to suggest on Friday — but maybe not totally out of the realm of possibility.

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