Public Comment

Senate Majority Leader Mitch McConnell (R-KY) and President Trump reached a deal whereby Trump would sign the bipartisan budget and McConnell would support a declaration of a national state of emergency by Trump, which would allow him to divert funds to build (or finish) his wall on our Southern border with Mexico. The bipartisan agreement provides $1.375 billion for his wall, not the $5.7 billion he demanded. This deal would avert another shutdown. 

According to the Congressional Budget Office, the longest government shutdown in U.S. history cost the economy $11 billion due to lost output from federal workers, delayed government spending, and reduced demand. That does not, of course, include the suffering of about 800,000 unpaid government workers and their families. 

Under the National Emergencies Act, the President may declare a state of emergency only when "the life of the nation is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency" and if the ordinary laws and government powers are not sufficient to restore peace and order.  

Clearly, that is not the case here. There is no threat at our Southern border. The number of unauthorized immigrants in the U.S. fell to its lowest level in more than a decade. And studies have found no link between immigration and crime, and some have found lower crime rates among immigrants. Finally, the best evidence of a lack of a national emergency is the January 29, 2019, Worldwide Assessment of the Intelligence Community, which notably does not include any threat to the nation at our Southern border with Mexico.  

Congress has acted and Trump plans to sign the bipartisan agreement. It would be inconsistent for Trump to sign the bipartisan agreement, which signals his approval, and then turn around and declare a state of national emergency on our Southern border. 

Thus, there is no state of emergency. If there is one, it is one of Trump’s own making. Expect lawsuits if Trump does declare a National Emergency.