Trump is moving toward an emergency declaration. He has to be. The shut down is untenable and he just doesn’t have political capital to get dems to fund a wall - it’s just not happening.
If he makes the case for an emergency two years into his presidency based on the fact he can’t get either a Republican or Democrat congress to fund it then that is not meritorious. No matter how you argue this, the will of the people via congress is undoubtedly no wall.
I think his strongest argument would be what he began his Oval Office address with, that the system is overburdened and the executive branch lacks the funding to process entrants in a safe and timely manner. He can then argue an emergency declaration would enable resources the executive branch lacks to fund not security, but humanitarian relief. Still no wall but more severe border security without congressional oversight and increased processing.
IMO, if he tries to build a wall with an emergency declaration it will fail in the courts.
If he makes the case for an emergency two years into his presidency based on the fact he can’t get either a Republican or Democrat congress to fund it then that is not meritorious. No matter how you argue this, the will of the people via congress is undoubtedly no wall.
I think his strongest argument would be what he began his Oval Office address with, that the system is overburdened and the executive branch lacks the funding to process entrants in a safe and timely manner. He can then argue an emergency declaration would enable resources the executive branch lacks to fund not security, but humanitarian relief. Still no wall but more severe border security without congressional oversight and increased processing.
IMO, if he tries to build a wall with an emergency declaration it will fail in the courts.