This article first appeared in Time.
In one of his first acts as president, Donald Trump issued a proclamation declaring a national emergency at the southern border. The proclamation authorizes the Secretary of Defense to move money within the department to fund construction of the border wall. It further authorizes the Secretary to call up reservists to assist the Department of Homeland Security in its border activities.
Six years ago, with illegal border crossings hovering near a 40-year low, Trump also declared an emergency to secure funding for the border wall and to call up reservists. So it should come as no surprise that he did the same in his second term, with illegal border crossings at higher levels (although still steadily decreasing from the record highs seen in late 2023 and early 2024).
But the increased traffic at the border does not justify what is still a misuse of emergency powers. By using these authorities to address a longstanding policy problem, Trump is usurping the role that the Constitution assigns to Congress. Moreover, the actions he has laid out likely exceed the authority provided by the specific powers he has invoked.
Read the full article in Time.
