Tuesday, May 21, 2019 | ePaper

US states sue Trump over border wall emergency

  • Print


Demonstrators form a human border wall with quotes from president Trump during the Women's March in New York.

AFP  :
Sixteen US states sued President Donald Trump's administration Monday over his decision to declare a national emergency to fund a wall on the southern border with Mexico, saying the move violated the constitution.
Trump announced the emergency Friday in order to bypass Congress, which approved only a quarter of the $5.6 billion he wanted for the wall in a spending bill. But the lawsuit, filed in a federal court in California, said the president's order was contrary to the constitution's presentment and appropriations clauses, which outline legislative procedures and define Congress as the final arbiter of public funds, respectively.
The move had already been announced by Xavier Becerra, the attorney general of California, who said Sunday his state and others had legal standing because they risked losing moneys intended for military projects, disaster assistance and other purposes. Critics, including several senators from Trump's Republican party, have warned that he has opened the door for future presidents to call on the act whenever they    
fail to get their way with Congress. Should the states prevail, the case could work its way up to the Supreme Court, setting up a precedent-setting showdown on the separation of powers.
California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon and Virginia are party to the complaint seeking an injunction.
The states "bring this action to protect their residents, natural resources, and economic interests from President Donald J. Trump's flagrant disregard of fundamental separation of powers principles engrained in the United States Constitution," the complaint said.
It added that Trump had veered the country toward a "constitutional crisis of his own making."
"Congress has repeatedly rebuffed the president's insistence to fund a border wall, recently resulting in a record 35-day partial government shutdown over the border wall dispute," it said.
"After the government reopened, Congress approved, and the president signed into law, a $1.375 billion appropriation for fencing along the southern border, but Congress made clear that funding could not be used to build President Trump's proposed border wall."
The complaint also questioned Trump's categorization of illegal border crossings as a national emergency, saying data issued by his own administration refuted the notion.
"Customs and Border Protection ("CBP") data show that unlawful entries are near 45-year lows," it said.
AFP / Paul Ratje People hold signs during a Presidents' Day protest against Trump's national emergency declaration in downtown Las Cruces, New Mexico
"The State Department recognizes there is a lack of credible evidence that terrorists are using the southern border to enter the United States. Federal data confirm that immigrants are less likely to commit crimes than are native-born Americans." The White House says the emergency order empowers it to pull around $6.6 billion from other sources, mostly already-allocated funds in the Defense Department budget.
But the lawsuit countered that tapping military funds would result in huge losses for the states' national guard units which would otherwise use the money for domestic drug interdiction and counter-drug activities as well as for law enforcement programs.
The complaint added that the Department of Homeland Security had violated the National Environmental Policy Act by failing to evaluate the environmental impact of the wall in California and New Mexico, saying species such as the endangered Mexican gray wolf, and the jaguar would be at risk.


More News For this Category

Govt has not welcome Rohingya refugees to live inhumanly and be victims of trafficking

Everyday large numbers of Rohingya refugees from the Ukhiya and Teknaf camps are risking their lives to flee to Malaysia across the Bay of Bengal. Law enforcement agencies in

Bhaluka turns into battlefield

Staff Reporter :At least 30 people, including three Sub-Inspectors (SIs) of Police, were injured in a massive clash between cops personnel and locals following the eviction drive of  trucks and

BCL man expelled, 4 suspended

Staff Reporter :Bangladesh Chhatra League on Monday expelled one of its activists and suspended four others in connection of infighting in Dhaka University's Madhur Canteen recently over dispute in forming

Fake cosmetics hit Eid markets

Fake cosmetics hit Eid markets

Staff Reporter :The fake cosmetics under the names of reputed local and international brands are now being sold even in up markets in the capital cashing the customers belief and

No comment on pillows

The Bangladesh Atomic Energy Commission (BAEC) has contradicted reports published in different newspapers on the salaries of the staff of Rooppur Nuclear Power Plant (RNPP) project.It, however, did not say

Procurement at Rooppur plant

Staff Reporter :The High Court (HC) on Monday sought the inquiry reports of Ministry of Housing and Public Works over the alleged irregularities in purchasing furniture and other household products

Trump warned not to threaten Iran

BBC Online :Iran's Foreign Minister Mohammad Javad Zarif has dismissed US President Donald Trump's "genocidal taunts" and warned him not to threaten the country.With tensions rising, Mr Trump tweeted on

No bus will run in city without tickets: DSCC Mayor

Staff Reporter  :Dhaka South City Corporation DSCC) Mayor Sayeed Khokon on Monday said that no bus would run in the capital without tickets."We have decided that no public transport will

Govt asked to monitor fruit markets to prevent use of chemicals

Staff Reporter :The High Court (HC) on Monday directed the government to monitor the fruit markets and warehouses across the country to prevent use of chemicals in fruits.The court asked

Holey Artisan case Four policemen testifies

Court Correspondent :The Anti-Terror Special Court of Dhaka yesterday recorded the depositions of four policemen in the case lodged under the Anti-Terror Act over the grisly militant attack at the