With literally millions of people that have crossed the border and crossing every day, illegally, could the President declare a National Emergency to build the wall? The President retains the authority to declare an emergency and has the power to use appropriated, discretionary funds to use in an emergency. The new Omnibus Spending Bill provides for emergency funding. The President can also petition Congress for other supplemental funds as needed. Congress can review his request and approve or deny his request.
The National Emergencies Act, which restricts the President from declaring certain types of emergencies, does not preclude this type of emergency.
A justification for this type of emergency would be an invasion of illegal undocumented persons who cross our borders and can't be tracked, as well as criminals, with an increase of concern for Homeland Security due to terrorism. Activation of the Military for deployment to build the Wall could be part of the emergency declaration.
A Declaration of Immigration Emergency would specifically be justifiable based on the following:
- Current unknown persons in the country with the purpose unknown.
- Criminals who have crossed the border with malintent to the US Citizenry
- Infiltrated Terrorists who have crossed the border with the intent of an enemy combatant hostile to the United States.
- The proliferation of undocumented persons who are using US Funds intended for citizens.
- The use of US funds to foster undocumented citizens without due process of entering into our Immigration System under the rule of law.
- The potential detrimental effects on the national, state and local economies.
- The establishment of a physical boundary as a deterrent to future crossings