16 states sued to interrupt Trump's state of emergency

On Monday evening, the US 16 states filed a lawsuit contesting President Donald Trump’s announcement national emergency. A group of states, led by California Attorney General Xavier Becerra, appealed to the US District Court for the Northern District of California.

“We will try to stop the president by violating the Constitution, by violating the separation of powers, by stealing from Americans and states money that was legally appropriated by Congress,” Becerra said Monday, as quoted by CNN.

The class action was joined by Attorneys General of Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon and Virginia.

Trump administration already got a whole range of lawsuits due to the state of emergency, and this flow does not seem to stop anytime soon. The lawsuits were filed over the weekend by the Center for Biological Diversity, the Borderline Human Rights Network and the American Civil Liberties Union. At the heart of each lawsuit is the argument that the emergency declaration is a gamble used by Trump to bypass Congress to get money for a wall along the US-Mexico border.

“The Constitution gives Congress the power of the purse, and no previous president has attempted to use emergency powers to fund a chosen project—especially a permanent, large-scale domestic project—against the will of Congress. Clearly this is wrong,” said Dror Laden, staff attorney for the ACLU’s National Security Project.

Becerra argued that the states have the opportunity to challenge Trump, because the money he receives can be a risk.

“If the president is essentially stealing money that has been set aside for various purposes by the states, it hurts the country and the people,” he said.

The national emergency law allows the president to declare a state of emergency in the country and unlock funds, citing certain legislative powers. The president has the right to determine what constitutes an emergency. Therefore, lawyers believe that the struggle will be difficult.

Under the state of emergency regime, the administration will attract 2,5 a billion US dollars from the military fund to combat drugs and 3,6 a billion dollars from the military construction fund. Acting Secretary of Defense Patrick Shenahan said he would study which projects to use and determine if border barriers are needed to support the functions of the armed forces.

The Trump administration faces more than lawsuits. Democrats of the House of Representatives may adopt a joint resolution on the termination of the state of emergency. The House and the Senate will have to vote for the resolution, and then it will go to the table for the President.

On Sunday, White House adviser Stephen Miller indicated that Trump would impose a first veto if lawmakers try to end the state of emergency.

The state of emergency in the country can continue for a year and end if the president does not renew it 90 days before. Every six months, Congress may consider whether to put forward a joint resolution to end the emergency.

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