Federal court rules Trump's national emergency proclamation for border is unlawful

Cimorene

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It's important to note that the lawsuit was brought by El Paso County along with human rights advocates.

Federal court rules President Donald Trump's national emergency proclamation for border is unlawful

U.S. court in Texas has ruled against President Donald Trump and his administration in regards to a national emergency proclamation about the border.

Judge David Briones said the president's Feb. 15 proclamation — which called the southern U.S. border a security and humanitarian crisis — was "unlawful," according to a court document filed Friday.

Briones, who was nominated by former President Bill Clinton, said Trump, in addition to declaring a national emergency, called for his administration to "use funds that Congress appropriated for other purposes to build a border wall."

The senior U.S. district judge noted Trump directed funds to build a border wall, and the Defense Department determined it would use $3.6 billion on 11 border wall projects.

Briones said the proclamation violated Congress's appropriations act because it sought additional funds for border barrier funding.

The lawsuit was brought by El Paso County and the human rights advocacy and immigration organization Border Network for Human Rights.
 

GACfan

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Indeed, since apparently it was unlawful it figures a judge would declare it unlawful. :wave:
tulc(thinks that's how laws work) ;)

Thank God for the Checks and Balances within the government because there's no telling what Trump might try to do if there wasn't a balance of power in place to restrain him or even forcibly stop him.
 
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BeholdenGlory

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How is the border situation NOT a national emergency?

We have a million people a year crossing over & increasingly it's family units and minors because of the publicity given to our legal loopholes regarding asylum & detention.

We can't store or house them all. We can't deport them because we lawyer them up and they get tossed into the multi year long queue for deportation hearings, that most will ignore.

It's an open pipeline of drugs, weapons, economic migrants, slaves & criminals coming into the southern border so fast we can't even tell which is which because we don't even know what is slipping through our fingers.

And nothing can get through Congress. Meanwhile the Commander in Chief is duty bound to protect the borders and is using every legal means at his disposal to do so.
 
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Arcangl86

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How is the border situation NOT a national emergency?

We have a million people a year crossing over & increasingly it's family units and minors because of the publicity given to our legal loopholes regarding asylum & detention.
The asylum system isn't a legal loophole. It was an intentional policy decision made by Congress.
We can't store or house them all. We can't deport them because we lawyer them up and they get tossed into the multi year long queue for deportation hearings, that most will ignore.
There are ways to reduce the amount of time for immigration hearings. You know what else also would take years? Building a wall.
It's an open pipeline of drugs, weapons, economic migrants, slaves & criminals coming into the southern border so fast we can't even tell which is which because we don't even know what is slipping through our fingers.
Which of course is why the DEA states that the majority of drugs entering the country come in through official ports of entry. They aren't being snuck across the desert. And while there is a flow of weapons across the border, it's mostly going from the US to Mexico since our gun laws are so much more lax then theirs.
And nothing can get through Congress. Meanwhile the Commander in Chief is duty bound to protect the borders and is using every legal means at his disposal to do so.
The President being a poor politician is not an emergency.
 
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essentialsaltes

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How is the border situation NOT a national emergency?

Although there was an uptick in 2019 to 800,000 apprehensions, this is still less than the number of apprehensions during the Bush years. It wasn't an emergency then, and it isn't now.

_105659633_border-nc.png


And nothing can get through Congress.

Trump had a bipartisan immigration deal moving through Congress. He chose to blow it up.

Meanwhile the Commander in Chief is duty bound to protect the borders and is using every legal means at his disposal to do so.

In this case, it turns out his means was not legal.
 
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BeholdenGlory

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The only reason it hasn't surged higher is because of the enforcement steps Trump has taken.

Trump has offered deals to the dems that infuriated his base. Trump has been far more compromising than the democrats.
 
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FenderTL5

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The only reason it hasn't surged higher is because of the enforcement steps Trump has taken.
that would be incorrect, the chart posted is on "apprehensions" so that would account for Trump's enforcement steps.
 
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FenderTL5

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How does that make incorrect the point that more would have come in if not for increased enforcement measures?
Because that is mere speculation on your part.

Further, if your speculation were true; then there's no need to build a wall.
The enforcement threat alone is a strong enough deterrent, given apprehensions are at a 40+ year low.
 
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FenderTL5

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It's not speculation, the numbers in May were between 100K & 150K and in August, they were down to 60K or 70K, per a press conference the CBP head gave about 6 weeks ago.
How does that show "more would have come" but somehow changed their mind when the numbers have been relatively consistent since 2011?
You are speculating on the "why".
Unless you are trying to say Trump's actions in 2016/2017 were so good that they were retroactively effective back to 2011~.
 
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