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Trump Declared a Border Emergency. Here’s How It Could Be Undone in Court.

2019-02-18 16:56:20
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By Simon Romero

Feb. 15, 2019

ALBUQUERQUE — Almost immediately after President Trump declared a national emergency on Friday so he could proceed with his ambition to build a wall along the border with Mexico, some of his opponents announced their next move: We’ll see you in court.

Citing a dearth of evidence for a border crisis and fears over what is shaping into a colossal seizure of private property by the federal government, the Texas county of El Paso, together with human rights and pro-democracy groups, said on Friday that they planned to file a lawsuit almost immediately seeking to block the declaration.

The groups argue that communities along the border would be harmed, not saved, by the construction of the wall, and that Mr. Trump had no legal basis for declaring an emergency. Theirs would be the first in an array of legal challenges already coalescing in an effort to thwart Mr. Trump’s plan.

“There is zero factual support for the existence of a national emergency at the border,” said Thomas A. Saenz, president and general counsel of the Mexican American Legal Defense and Educational Fund, one of the groups preparing to challenge Mr. Trump in court. The declaration, Mr. Saenz added, “would be a laughable object of ridicule were it not so dangerous.”



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