SPECIAL: Yes, Trump Has Authority to Declare National Emergency for Border Wall

Ethics, Government

Yes, Trump has authority to declare national emergency for border wall

The 1976 National Emergencies Act gives presidents sweeping authority as well as allowance in federal regulations to declare an “immigration emergency” to deal with an “influx of aliens which either is of such magnitude or exhibits such other characteristics that effective administration of the immigration laws of the United States is beyond the existing capabilities” of immigration authorities “in the affected area or areas.” The basis for such an invocation generally includes the “likelihood of continued growth in the magnitude of the influx,” rising criminal activity, as well as high “demands on law enforcement agencies” and “other circumstances.”

Democrats have not objected to use of this authority regularly by past presidents, including roughly 30 such emergencies that continue to this day.

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