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house Bill H.R. 522

Prohibiting the Use of a National Emergency to Get Funds for a Border Wall

Argument in favor

President Trump’s threat of a national emergency declaration to get money to build his promised southern border wall would be an example of unconstitutional executive overreach if he were to follow through. This bill would make it impossible for Trump to use a national emergency to get his border wall, taking away the reasons for him to declare a national emergency.

Carol's Opinion
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02/09/2019
Rational people understand that a wall will not solve any of the issues brought up by this administration. We need immigration reform and a way to help the countries that asylum seekers are fleeing to alleviate h reasons they are fleeing in such high numbers. Until those issues are fixed we will continue to see people seeking asylum. Our duty is to assist them not turn them away and certainly not to kidnap their children.
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Jonathan's Opinion
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02/09/2019
Funds that are appropriated to help people who are actually suffering should not be hijacked to fulfill a campaign promise.
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Michael.J.L's Opinion
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02/09/2019
Trump is the representation of a failed and useless political Party (GOP / Nationalist). The only ideas they come up with are senseless ones geared to exite their base who cannot, or have no desire to understand whether it is a real solution or not. To secure our southern border we need a multifaceted approach to include fencing, drone and satellite monitoring, a barrier wall (in sections where other methods aren't feasible), patrols, security enhancements at legal ports of entry (where illegal drugs, with the exception of Marijuana come in) and addressing the situations in the countries immigrants are fleeing. These people are fleeing violence and poverty for a better life in America, same as immigrants have done since our founding. They should not be vilified. Screen out the criminals and welcome the good people. Don't let the Statue of Liberty become a meaningless work of art.
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Argument opposed

Presidents have the right to declare a national emergency and marshal resources to protect America’s national security. This includes declaring a national emergency to build a border wall. Passage of this bill would eliminate an important tool in the presidential toolkit and may not be constitutional.

Robin's Opinion
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02/09/2019
If Congressmen refuse to protect American borders as Border Security Officers have asked, by the means they have asked for, and not determined by a DC desk jockey, then YES use NATIONAL EMERGENCY to protect our American Citizens
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Mart's Opinion
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02/09/2019
How about spending the original $200 billion Obama signed to build wall
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Fred's Opinion
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02/09/2019
Hell no we need the wall everyone who lives there, ICE, the Border Patrol. Home Land Security ALL say we need the wall!! But since Trump wants to build it the Media and the crooked politicians don’t want it. Every last president has said there was a problem but they blame Trump for making this up. PEOPLE OPEN YOUR DAMN EYES!!!
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bill Progress


  • Not enacted
    The President has not signed this bill
  • The senate has not voted
  • The house has not voted
      house Committees
      Committee on the Judiciary
    IntroducedJanuary 11th, 2019

What is House Bill H.R. 522?

This bill — the No Walls Act — would prohibit the use of available funds to build any new border barriers through the declaration of a national emergency. It’d also prohibit using existing funds to declare a national emergency with respect to immigration concerns at the U.S.-Mexico border. This restriction would remain in force in the event that any federal agency’s appropriations lapse.

Impact

U.S.-Mexico border; southern border wall; federal budget; and President Trump.

Cost of House Bill H.R. 522

A CBO cost estimate is unavailable.

More Information

In-DepthRep. Grace Meng (D-NY) introduced this bill during the government shutdown to stop President Trump from declaring a national emergency to stop President Trump from declaring a national emergency for his border wall. When she introduced this bill, Rep. Meng said in a press release:

“It is unconscionable that President Trump is threatening to side-step Congress and declare a fake national emergency in order to build his wall, as funding for the government and more than 800,000 federal workers hangs in the balance. We must send a clear message to the President that creating this type of manufactured emergency for the sole purpose of securing an unrealistic campaign promise is unacceptable. There can be legitimate national emergencies. Federal agencies can construct authorized border barriers. But the President can’t just refuse to fund the government, say ‘EMERGENCY!!!’ and get whatever political wish he desires. That’s not how the Constitution works. The passage of my legislation would ensure that this outrageous abuse of power does not happen, and I urge all of my colleagues to support it.”

In an op-ed in the New York Times, Yale Law School professor Bruce Ackerman wrote that there's no way Trump could use emergency powers to build the wall — at least not as long as he opts to use funds from the military budget and use military personnel to build it:

“President Trump on Friday said that he was considering the declaration of a “national emergency” along the border with Mexico, which he apparently believes would allow him to divert funds from the military budget to pay for a wall, and to use military personnel to build it.  While it is hard to know exactly what the president has in mind, or whether he has any conception about what it would entail, one thing is clear: Not only would such an action be illegal, but if members of the armed forces obeyed his command, they would be committing a federal crime.”

In an article in the National Review, Berkeley Law professor John Yoo argued that the law is on Trump’s side if he were to declare a national emergency to build his wall:

“Congress has not passed a law denying the President the authority to take measures to protect the border; in fact, in 2006 Congress passed a law by bipartisan majorities authorizing the construction of a wall. In Dames & Moore v. Regan (1981), the Court found that when Congress broadly delegates a general power to the executive branch in the area of foreign affairs, such as the power to impose economic sanctions, it would not read Congress’s neglect to grant a more specific, related authority as foreclosing the president from exercising that authority. Instead, it would treat Congress’s silence as acquiescence to presidential initiative, especially in times of emergency. That is exactly the case here: Congress has authorized a wall and other security measures at the border, it has not passed any law forbidding such a wall, and the president has invoked delegated powers to continue the wall’s construction… Not only do presidents still have some reservoir of constitutional authority to declare emergencies, but Congress has seen fit to enhance it with the right to re-allocate spending to support such a declaration. Despite the pleas of administration critics, the Supreme Court will almost certainly agree.”

This bill has seven cosponsors, all of whom are Democrats.


Of NotePresident Trump has threatened to declare a national emergency to build his promised southern border wall if congressional Democrats continue to deny the $5.7 billion he’s demanded for his border wall. White House press secretary Sarah Huckabee Sanders suggested that Trump would declare the emergency if Democrats don’t make a deal:

"What I do know is: If they don't come back with a deal, that means Democrats get virtually nothing that will force him to have to take executive action. There is a process in which the president wants to exhaust all options, primarily doing what we feel is the best one, which is a legislative fix. But if Congress doesn't do their job, then the president will be forced to make up for all of their shortcomings."

Sen. Mitch McConnell has reportedly pushed back against Trump’s threats of a national emergency declaration. The New York Times reports:

“[I]n a one-on-one meeting with the president, Senator Mitch McConnell of Kentucky, the majority leader, reportedly warned Mr. Trump that declaring a national emergency to build his wall would almost certainly spark a rebellion within his party — and a vote to overrule him.”


Media:

Summary by Lorelei Yang

(Photo Credit: iStockphoto.com / CREATISTA)

AKA

No Walls Act

Official Title

To prohibit the creation of manufactured emergencies in order to build border walls.

    Rational people understand that a wall will not solve any of the issues brought up by this administration. We need immigration reform and a way to help the countries that asylum seekers are fleeing to alleviate h reasons they are fleeing in such high numbers. Until those issues are fixed we will continue to see people seeking asylum. Our duty is to assist them not turn them away and certainly not to kidnap their children.
    Like (313)
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    If Congressmen refuse to protect American borders as Border Security Officers have asked, by the means they have asked for, and not determined by a DC desk jockey, then YES use NATIONAL EMERGENCY to protect our American Citizens
    Like (160)
    Follow
    Share
    Funds that are appropriated to help people who are actually suffering should not be hijacked to fulfill a campaign promise.
    Like (149)
    Follow
    Share
    Trump is the representation of a failed and useless political Party (GOP / Nationalist). The only ideas they come up with are senseless ones geared to exite their base who cannot, or have no desire to understand whether it is a real solution or not. To secure our southern border we need a multifaceted approach to include fencing, drone and satellite monitoring, a barrier wall (in sections where other methods aren't feasible), patrols, security enhancements at legal ports of entry (where illegal drugs, with the exception of Marijuana come in) and addressing the situations in the countries immigrants are fleeing. These people are fleeing violence and poverty for a better life in America, same as immigrants have done since our founding. They should not be vilified. Screen out the criminals and welcome the good people. Don't let the Statue of Liberty become a meaningless work of art.
    Like (109)
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    Share
    Climate Change is the REAL Emergency😩
    Like (94)
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    How about spending the original $200 billion Obama signed to build wall
    Like (92)
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    The emergency is what is happening to the families seeking asylum. A wall does absolutely nothing to solve that. Funny the loudest among us who support the wall. Live nowhere near the border.
    Like (77)
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    Hell no we need the wall everyone who lives there, ICE, the Border Patrol. Home Land Security ALL say we need the wall!! But since Trump wants to build it the Media and the crooked politicians don’t want it. Every last president has said there was a problem but they blame Trump for making this up. PEOPLE OPEN YOUR DAMN EYES!!!
    Like (69)
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    Americans and their tax dollars must not be held hostage by the poorly considered plans of a single branch of government. This is not how our Founders created this country, and this behavior must not be allowed.
    Like (60)
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    Let me be crystal clear: Most Americans realize there is no emergency. Most Americans DO NOT want any funding to go toward building Trump’s medieval wall. It’s nothing but a symbol of hatred and division. And besides, it is not an effective means for achieving even its stated goal. Congress should ABSOLUTELY reject a planned Trump emergency as nothing more than his attempt to work around Congress. No. No. No. A thousand times no.
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    That is correct. No emergency funds for a wall. The next thing Republicans will want to do, is to declare a national emergency around their children’s schools, stating they need emergency funds to keep people of color or other religions out of their kid’s schools.
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    This is an unconstitutional overreach. #BuildTheDamnWall and stop screwing the American people who are put in danger by Democrat politicians
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    I’m offended when people say that all rational people are against building a wall. I’m rational and I understand that a border without a barrier is not secure.
    Like (35)
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    We need the wall whatever it cost
    Like (34)
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    Funny no one made that accusation about Obama Clinton or any other BS Democrats when they suggested a border wall barrier. So oddly now all of a sudden it’s a big deal, and so where do we go from here. If the Democrats get their way according to Cortez who is ignorant and promoting socialism I wonder what kind of wall will be required to wall us all in so that we’re made to comply. Think about it that’s exactly what will happen. I guess it depends on what side of the wall you want to be on.
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    There is no “national emergency” poor people trying to seek asylum is not a threat. This is all based on childish xenophobia. The real national emergency is that we’ve allowed the incarceration industrial complex to start making money off of keeping CHILDREN IN PRISON.
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    The democrats are blinded by their Trump hate. For them obstruction is more important than our security.
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    No I’m pretty sure if something is a problem and it needs to be addressed America should deal with it and not just not deal with it because their party isn’t in power. LIKE MY TAKE? GIVE ME A FOLLOW.
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    Haha these people are losers. From 2017-18, ICE arrested 266,000 illegals with criminal records alone. Border areas that already have a wall, illegal crossing is over 90% lower than portions without a wall. Obama, Hillary & Schumer all have voted for a wall as Senators. Now it’s “immoral”-right. And you people still think they’re your heroes.
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    The wall needs to be built
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