16 US states sue Trump over border wall emergency

California sued to block President Donald Trump from diverting funds from the federal budget to pay for his promised border wall, joined by more than a dozen states who say the move exceeds the power of his office.

On Friday, Trump declared a national emergency in a bid to unlock more money to build the barricade along the southern US border after Congress opted to fund construction of only about 55 miles (89 kilometers) of physical barriers. The declaration allows him to reallocate about $8 billion.

The group of 16 states, led by California, allege the President’s declaration violates the Constitutions separation of powers doctrine by ignoring Congress’ decision not to authorise more than $1.35 billion for border security. The Constitution gives Congress the right to allocate or not allocate money for certain discretionary programs.

Contrary to the will of Congress, the President has used the pretext of a manufactured crisis of unlawful immigration to declare a national emergency and redirect federal dollars appropriated for drug interdiction, military construction, and law enforcement initiatives toward building a wall on the United States-Mexico border, the states said in the complaint filed Monday in San Francisco federal court.

In unscripted remarks on February 15, Trump depicted his emergency declaration as an ordinary action invoked by every President in the past 40 years, but also said he expected it to be challenged in court. Trump’s decree breaks with his predecessors because he wants to upend spending set by Congress.

Parties line up to sue Trump

The states are asking a judge to impede Trump’s emergency declaration and prohibit the administration from diverting funds toward building a border wall and from constructing a border wall without funds from Congress for that purpose. The suit follows at least two complaints filed on February 15 by Texas landowners along the border and in El Paso County, citing similar constitutional violations. Meanwhile, Congress is still mulling its own legal and legislative options to challenge the president.

In their lawsuit, the states describe the President’s emergency declaration as his latest action that’s veered the country toward a constitutional crisis of his own making. They argue in the complaint that California and its fellow plaintiffs would suffer irreparable economic harm if funds were to be diverted from their own national guard units and military construction projects. They also say the President has no objective basis for declaring his emergency.

By the President’s own admission, an emergency declaration is not necessary, according to the lawsuit. The federal governments own data prove there is no national emergency at the southern border that warrants construction of a wall.

The dispute is the 46th lawsuit filed by California Attorney General Xavier Becerra challenging the Trump administrations policy agenda. The state and its Democratic allies have been largely successful in stalling and sometimes halting the administrations aggressive plans on immigration, the environment and health care. The travel ban went through three iterations before the Supreme Court ruled it constitutional.

California is joined by Nevada, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon and Virginia. Some states are still considering what action, if any, to take. The Massachusetts attorney generals office said Monday its still evaluating the presidents proclamation to determine the potential impact on the state.

COMMENT NOW