President and Immigration Law

Adam Cox, Cristina M. Rodríguez

"On February 15, 2019, President Donald Trump declared a national emergency at America's southern border. He depicted a dire crisis, with criminals and drugs flowing unchecked into the country, unlawful border crossers overwhelming enforcement capacity, and dangerous immigrants disappearing into the nation's interior after being released from detention. With his presidential proclamation, he ordered the military to assist in hardening the border, and he declared his intent to re-direct billions of dollars to build the wall he had promised since he first announced his candidacy. In a striking rebuke, Congress voted to overturn the President's declaration of emergency. Never before had Congress rejected a president's proclamation under the National Emergencies Act. Some members decried the President's move as an unlawful usurpation of Congress's power of the purse. Congress had just...