Time and again, US President Donald Trump warned Congress that if his request for a $5.7 billion funding for US- Mexico Border Wall project is not granted, he will use his executive power to declare a state of national emergency. Now that Trump finally made good on his threat, the incumbent president is about to have his day or days in court to officially explain the legality of his use of an executive power reserved for emergency situations. This time, his justifications for his executive action must be fully supported by solid evidences and credible testimonials coming from reliable witnesses and experts.
Right after Trump announced his declaration of placing the South Border under a state of national emergency, several legal entities acting as defenders of constitutional rights, human rights, and other rights that have been trampled upon by Trump’s recent action, have either filed a federal lawsuit or announced their intention to do so, in order to challenge Donald Trump in court.
Legal Entities with Federal Lawsuit Already Filed in Court
One of the firsts to file a federal lawsuit is the Public Citizen, a non-profit consumer organization founded as far back as 1971. Comprised by more than 400,000 members, it has been instrumental in carrying out movements, and if necessary, seek court rulings in order to ensure that the present government is working for the benefit of its people.
Aside from the federal lawsuit filed by the Public Citizen against Trump, three Texas landowners have also pitched in their complaint that Trump’s national emergency declaration includes imminent sequestration of their property to make way for the extension of the South Border Wall.
Should the court declare Trump’s use of the National Emergency Act illegal, then it strips the government of the right to seize privately-owned properties with or without compensation.
Another federal lawsuit already filed in Washington D.C. is by the Citizens for Responsibility and Ethics in Washington. Instead of targeting Trump as main respondent, the lawsuit faults the Justice Department. The Justice Department failed to uphold the Freedom of Information Act in relation to making public the information on which Trump’s emergency declaration is based.
Other legal entities that have announced their intention to challenge the legality of the emergency order, include the U.S. Congress, the State of California, El Paso County and the American Civil Liberties Union, just to mention a few.