Border Wall Battle

You might not hear sirens or see flashing lights, but the United States is on alert. In February, President Donald Trump declared a national emergency to help pay for the construction of a wall along the U.S.-Mexico border. 

Trump says building a wall is the best way to put an end to the flow of undocumented immigrants and illegal drugs crossing into the United States. About 650 miles of barriers already stand along the border (see map, below). Trump has vowed to block off 1,000 miles more. 

But there’s a catch: Many experts disagree that there is a threat at the border. That’s why when Trump asked for $5.7 billion to build the wall last year, Congress refused.

The clash led to a government shutdown in December that lasted a record 35 days. In February, hoping to avoid another shutdown, Congress approved $1.38 billion for border fencing—about one-quarter of what Trump had asked for.

That is where the national emergency comes in. Declaring one gives a president temporary powers that increase his or her authority. Trump plans to use those special powers to redirect billions of dollars from other parts of the federal government’s budget toward constructing the border wall. 

The situation has sparked a national debate. Why are many Americans up in arms over the move, and what could it mean for you? Here’s what you need to know.

You might not hear sirens or see flashing lights. But the United States is on alert. In February, President Donald Trump declared a national emergency. He did so to help pay for the construction of a wall along the U.S.-Mexico border.

Trump says building a wall is the best way to put an end to the flow of undocumented immigrants and illegal drugs crossing into the United States. About 650 miles of barriers already stand along the border (see "Barrier Status" map, below). Trump has vowed to block off 1,000 miles more.

But there is a catch. Many experts disagree that there is a threat at the border. That is why Congress refused when Trump asked for $5.7 billion to build the wall last year.

The clash led to a government shutdown in December. It lasted a record 35 days. In February, Congress approved money for border fencing in the hope of avoiding another shutdown. It approved $1.38 billion. That is about one-quarter of what Trump had asked for.

That is where the national emergency comes in. Declaring one gives a president temporary powers that increase his or her authority. Trump plans to use those special powers to redirect billions of dollars. He wants to move money from other parts of the federal government’s budget toward constructing the border wall.

The situation has sparked a national debate. Why are many Americans up in arms over the move? And what could it mean for you? Here is what you need to know.

Since the late 1800s, Congress has passed more than 120 different statutes that, once a national emergency has been declared, permit presidents to take certain steps normally forbidden by law. Lawmakers wanted to make sure presidents could take immediate action if the U.S. came under threat. Under the National Emergencies Act of 1976, once a president declares a national emergency, he or she can activate any of those emergency statutes. In this case, Trump is drawing on a statute that permits money that was originally set aside for military construction to be used for something else.

Since the late 1800s, Congress has passed more than 120 different statutes. These allow presidents to take certain steps normally forbidden by law. They can do so as long as a national emergency has been declared. Lawmakers wanted to make sure presidents could take immediate action if the U.S. came under threat. That is why they passed the National Emergencies Act of 1976. It says that once a president declares a national emergency, he or she can activate any of those emergency statutes. In this case, Trump is drawing on a statute that allows money originally set aside for military construction to be used for something else.

Is there a crisis at the U.S. border with Mexico? Trump says yes. “We have an invasion of drugs, invasion of gangs, invasion of people, and it’s unacceptable,” he stated while announcing the emergency declaration. More people were caught trying to cross the border last year than in 2017, Customs and Border Protection reports show. 

But many experts disagree with Trump and say there is no national emergency at the border. Dozens of former U.S. security officials have criticized the declaration. They point out that the number of people trying to cross the border illegally is the lowest it’s been in decades. And since nearly 90 percent of drugs seized at the border come through legal ports of entry, critics say a wall would have little effect on their flow into the country.

Is there a crisis at the U.S. border with Mexico? Trump says yes. “We have an invasion of drugs, invasion of gangs, invasion of people, and it’s unacceptable,” he stated while announcing the emergency declaration. More people were caught trying to cross the border last year than in 2017, Customs and Border Protection reports show.

But many experts disagree with Trump. They say there is no national emergency at the border. Dozens of former U.S. security officials have criticized the declaration. They point out that the number of people trying to cross the border illegally is the lowest it has been in decades. And critics say a wall would have little effect on the flow of drugs into the country. That is because nearly 90 percent of drugs seized at the border come through legal ports of entry.

America’s founders gave Congress—not the president—the power to tax and the power to spend public money for the federal government. 

Why? The founders wanted the American people to have control of government spending. They reasoned that the U.S. House of Representatives most closely reflects the opinions of U.S. citizens. That’s because the number of House representatives each state has is determined by that state’s population. Plus, those representatives are elected by the people every two years. 

Because Congress sets the federal budget, presidents need lawmakers’ approval to fund certain projects—like a border wall. Facing pressure from constituents who opposed spending $5.7 billion on the wall, as Trump requested, Congress instead gave $1.38 billion for fencing.

America’s founders did not give the president the power to tax or to spend public money for the federal government. They gave those powers to Congress.

Why? The founders wanted the American people to have control of government spending. They reasoned that the U.S. House of Representatives most closely reflects the opinions of U.S. citizens. That is because the number of House representatives each state has is determined by that state’s population. Plus, those representatives are elected by the people every two years.

Because Congress sets the federal budget, presidents need lawmakers’ approval to fund projects like a border wall. Congress faced pressure from constituents who disagreed with Trump’s request to spend $5.7 billion on the wall. So Congress instead gave $1.38 billion for fencing.

Many lawmakers argue that Trump is abusing his emergency powers in this instance. That’s because he has said he is using them specifically to go against the will of Congress. “I didn’t need to do this. . . . I just want to get it done faster, that’s all,” Trump stated while declaring the national emergency in February. 

“It’s the only time that a president has ever gone to Congress, asked for money, been denied, and then used emergency powers to get that very same thing,” explains Andrew Boyle of the New York University School of Law’s Brennan Center for Justice. 

Many lawmakers argue that Trump is abusing his emergency powers in this instance. That is because he has said he is using them specifically to go against the will of Congress. “I didn’t need to do this . . . . I just want to get it done faster, that’s all,” Trump stated while declaring the national emergency in February.

“It’s the only time that a president has ever gone to Congress, asked for money, been denied, and then used emergency powers to get that very same thing,” explains Andrew Boyle. He works for the New York University School of Law’s Brennan Center for Justice.

The Constitution includes checks and balances to ensure that one branch of the federal government can’t dominate another branch. 

But in this situation, Congress’s hands may essentially be tied. In February, the House passed a resolution to stop the emergency declaration. As this issue went to press, the U.S. Senate was expected to do the same. Trump can veto that resolution, however. 

Congress could then try to override Trump’s veto. But that would be difficult to do. It would take two-thirds of both the House and the Senate to override a veto by the president. Experts say there are enough Republicans in Congress who support the wall to prevent that from happening.

The Constitution includes checks and balances. These ensure that one branch of the federal government cannot dominate another branch.

But in this situation, Congress’s hands may essentially be tied. In February, the House passed a resolution to stop the emergency declaration. As this issue went to press, the U.S. Senate was expected to do the same. But Trump can veto that resolution.

Congress could then try to override Trump’s veto. But that would be difficult to do. It would take two-thirds of both the House and the Senate to override a veto by the president. Experts say there are enough Republicans in Congress who support the wall to prevent that from happening.

The Supreme Court could end up having the final say about whether Trump can use emergency powers to redirect money toward the wall—if a lawsuit makes its way to the nation’s highest court. 

Indeed, several lawsuits have already been filed in lower courts to stop the declaration—including one by 16 states. Some plaintiffs argue that there is no emergency. Others say the statute Trump is trying to use does not apply the way he wants to use it. A judge could temporarily halt the use of emergency funds until the full case is heard in court. The legal process could take years, experts say.

The Trump administration also faces lawsuits from landowners who own some of the property on which the wall is expected to be built.

So will Trump be able to use emergency powers to redirect money toward the wall? The Supreme Court could end up having the final say. That could happen if a lawsuit makes its way to the nation’s highest court.

Indeed, several lawsuits have already been filed in lower courts. They aim to stop the declaration. This includes one by 16 states. Some plaintiffs argue that there is no emergency. Others say the statute Trump is trying to use does not apply the way he wants to use it. A judge could temporarily halt the use of emergency funds until the full case is heard in court. Experts say the legal process could take years.

The Trump administration also faces lawsuits from landowners who own some of the property on which the wall is expected to be built.

Construction hasn’t begun on new sections yet, but experts say Trump could get the work on fencing or barriers started using the $1.38 billion Congress did approve. That’s enough to cover about 55 miles. Trump would most likely have that construction start on land already owned by the government to avoid further holdups, Boyle says. 

The president has also increased military presence. About 6,000 members of the U.S. Armed Forces now secure the border, in addition to the Customs and Border Protection agents who were already in place. The troops are expected to remain there until at least the fall.

Construction has not begun on new sections yet. But experts say Trump could get the work on fencing or barriers started. He could use the $1.38 billion Congress did approve. That is enough to cover about 55 miles. Trump would most likely have that construction start on land already owned by the government. He might do that to avoid further holdups, Boyle says.

The president has also increased the military’s presence. About 6,000 members of the U.S. Armed Forces now secure the border. That is in addition to the Customs and Border Protection agents who were already in place. The troops are expected to remain there until at least the fall.

Some experts warn that the most dangerous part of this emergency isn’t illegal border crossings. Rather, it’s the precedent that Trump’s declaration may set: that a president can use national emergencies to bypass a disapproving Congress. 

“Once that line is crossed, it makes it easier for other people in the future to cross it,” Boyle says. That could shift the careful balance of government power by strengthening the executive branch and weakening the legislative branch, some lawmakers caution.

Other people predict that Trump’s move will convince legislators to overhaul the National Emergencies Act to tighten restrictions on how presidents can use the statutes. That would give more control back to Congress, but could weaken presidents’ ability to respond to threats.

Either way, the situation underscores how important it is for everyone—even teens—to stay engaged and involved, Boyle explains. “Our democracy is fragile,” he says. “It requires engagement and good intentions from people with all sorts of views and experiences.”

Some experts warn that the most dangerous part of this emergency is not illegal border crossings. Rather, it is that Trump’s declaration could set a precedent that a president can use national emergencies to bypass a disapproving Congress.

“Once that line is crossed, it makes it easier for other people in the future to cross it,” Boyle says. That could shift the careful balance of government power. It could strengthen the executive branch. And it could weaken the legislative branch, some lawmakers warn.

Other people predict that Trump’s move will convince legislators to overhaul the National Emergencies Act. That way, they could tighten restrictions on how presidents can use the statutes. That would give more control back to Congress. But it could weaken presidents’ ability to respond to threats.

Either way, the situation underscores how important it is for everyone, even teens, to stay engaged and involved, Boyle explains. “Our democracy is fragile,” he says. “It requires engagement and good intentions from people with all sorts of views and experiences.”