President Donald Trump appears increasingly likely to declare a national emergency to get funds to build a wall along the southern border.
He has demanded $5.7 billion from Congress, which has refused to provide it, prompting a 21-day government shutdown.
If he declared a national emergency, he would instantly be privy to a slew of special powers he could use to get the funds he needs.
Such an action would almost certainly trigger challenges from Congress and the courts, but it’s unclear how the battles will play out.
President Donald Trump said Thursday he “probably will” declare a national emergency to obtain the funds he needs for his long-promised border wall.
A partial government shutdown, sparked by a dispute between Trump and Congressional Democrats over the wall, reached its 21st day on Friday and is on the cusp of becoming the longest government shutdown in US history.
Trump has spent much of the last few weeks raging about a “crisis” he said has erupted at the US-Mexico border, propelled by of illegal immigration, drugs, and violent crime, which must be solved by constructing a physical barrier.
Critics, meanwhile, have argued that there is no crisis — or at least none that a wall can solve. Illegal border apprehensions are at a decades-long low, drugs mainly enter the US through legal ports of entry, and studies show that unauthorized immigrants commit fewer crimes than native-born Americans.
Read more: THE TRUTH ABOUT THE BORDER CRISIS: Experts say there is no security crisis, but there is a simple way to fix immigration — and it’s not a wall
Nevertheless, Trump has been locked in a stalemate with Democrats over the wall that shows no signs of stopping, making it increasingly likely that Trump will declare a national emergency to bypass Congress for the wall funding.
Here’s what you need to know.
What is a ‘national emergency?’
A national emergency is something that the president declares to grant him special powers under the National Emergencies Act of 1976. Trump is hoping to use those special powers to allocate funding for the border wall.
There are 136 statutes governing which special powers the president can use, according to The Brennan Center for Justice, and it’s unclear at this point which ones the Trump administration has in mind.
It’s not uncommon for presidents to declare national emergencies. One of the most well-known examples is the national emergency that former President George W. Bush declared after 9/11, which is still in effect, and has been renewed by the sitting president each year.
Can Trump do this?
Experts are divided over whether it’s legal for Trump to use a national emergency declaration for a wall.
But he faces relatively few restrictions on declaring a national emergency. According to The Brennan Center, 96 of the 136 statutory authorities available to presidents during national emergencies need only their signature, and just 13 require Congress to also declare an emergency.
Twelve of the authorities have a small restriction like requiring agency officials to certify that …read more
Source:: Business Insider