(02-15-2019, 03:19 PM)B2hibry Wrote:

(02-15-2019, 02:22 PM)mikesez Wrote: A national emergency is a type of emergency.
Something has to meet the definition of emergency firstf before we consider if it's a national emergency.

Statutes give the President powers to take emergency action in many situations, including situations like Somali piracy that don't rise to the level of national emergency.

However, none of these statutes grant the President power to declare an emergency where there isn't an emergency.  Nothing going on at the border was unforeseen.  It doesn't call for immediate action, and building a wall isn't immediate action anyways.  It takes months.

The immigration system is overwhelmed and migrants are taking advantage of this fact. That is the emergency. Both Presidents Reagan and Bush implemented national emergencies through Executive Order relating to immigration. It was to control the overwhelming influx of Haitian refugees. Diplomatic efforts also failed to curb the issue much like this one. Domestic and International laws were tested in both situations and courts ruled in favor of the President and specifically stated, "although the human crisis is compelling, there is no solution to be found in a judicial remedy." Trump has allowed the situation to play out while attempting all reasonable measures to curb the issue to no solution. The important part to remember is that the right of migrants to make claims must be weighed against public order within the US. The Immigration and Nationalities Act Section 212 (f) specifically speaks to why the POTUS has every right and backing to declare said emergency and as example, E.O. 12807 was upheld based on this particular U.S. Code...

"(f) Suspension of entry or imposition of restrictions by President.

Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate."

Contrary to what you believe, declaring a National Emergency does not have to meet any standard of "emergency." It is titled as such because it authorizes certain emergency statutory provisions given to the POTUS. The POTUS will need to state what specific statutes apply and for what length of time and trasnmit to Congress immediately.