The National Emergencies Act of 1976, under which Trump derives his authority to declare a national emergency, does not allow for presidents to “create” national emergencies. Should the case of the National Emergency reach the supreme court – as it very likely will – the court’s decision may come down in Trump’s favour Photograph: Jim Young/Reuters What also makes this national emergency different is that Trump has declared the emergency on the southern border requires the use of the armed forces, and as such, that military funds can be used to construct the wall. His “National emergency concerning the southern border of the United States” is different, because it goes directly against the wishes of Congress, which has, on numerous occasions, refused to divert funds to the Trump administration for building a wall. Trump himself had already declared three national emergencies prior to his most recent declaration (for example, one imposing sanctions in the event of foreign interference in a US election). The United States is no stranger to national emergencies – it is currently living under 31 of them.įor the most part, these national emergencies concern sanctions and trade, referencing specific persons and objects.Ĭustoms and border protection data show that unlawful entries to the US through its southern border are at near-45 year lows The news that 16 states are to sue the Trump administration for declaring a national emergency to appropriate funds for the building of a border wall between the United States and Mexico comes as no surprise.Ī legal challenge to Trump’s decision was inevitable, given that this declaration represents an overreach in presidential powers, and considering Donald Trump’s own admission that he “didn’t need to do this”, but had decided to do so as he wants to get the wall “done faster”.