Can Trump really declare emergency at border?

CNN's John Avlon takes a look at whether President Donald Trump can actually declare a national emergency at the US-Mexico border.

Posted: Jan 12, 2019 8:23 AM
Updated: Jan 12, 2019 8:34 AM

President Donald Trump said Friday he is still open to declaring a national emergency over immigration at the southern border, but made clear he would "rather not," calling it an "easy way out."

"It's the easy way out," Trump said of the national emergency route. "Congress should do this. This is too simple. It's too basic. And Congress should do this."

"If they can't do it, I will declare a national emergency. I have the absolute right to do it," Trump said.

One of the reasons Trump is reluctant to declare a national emergency: He believes his administration will be sued and that his actions will be blocked by the 9th Circuit.

"I'll be sued. It'll be brought to the 9th Circuit and maybe even though the wording is unambiguous ... we'll probably lose there, too," Trump said, adding he would "hopefully win" at the Supreme Court.

Earlier in the week, White House lawyers began laying the groundwork for the legal defense of a national emergency declaration on the southern border, officials familiar with the matter said.

Preparations for the legal challenges has included advising the President's aides on ramping up talk of a humanitarian and security "crisis" at the border, a characterization administration lawyers could use later in court to defend a national emergency.

Trump and others in the White House began using that term more frequently over the past week. The lawyers have suggested the more times the term is used, the more citations they will have in filing a legal defense.

Earlier Friday, Trump continued to bolster his case about the need to build a wall.

"I just got back and it is a far worse situation than almost anyone would understand, an invasion!" Trump tweeted following his Thursday trip to McAllen, Texas. "I have been there numerous times - The Democrats, Cryin' Chuck and Nancy don't know how bad and dangerous it is for our ENTIRE COUNTRY."

He added: "The Steel Barrier, or Wall, should have been built by previous administrations long ago. They never got it done - I will. Without it, our Country cannot be safe. Criminals, Gangs, Human Traffickers, Drugs & so much other big trouble can easily pour in. It can be stopped cold!"

Later during his roundtable, Trump reiterated his belief that the country is "under siege."

"We have a country that is being invaded by criminals and by drugs and we're going to stop it," Trump said, offering no evidence to back up his claims.

Trump's comments come despite illegal immigration being among the lowest levels historically.

West Lafayette
Clear
72° wxIcon
Hi: 75° Lo: 45°
Feels Like: 72°
Kokomo
Clear
68° wxIcon
Hi: 72° Lo: 42°
Feels Like: 68°
Rensselaer
Clear
63° wxIcon
Hi: 73° Lo: 41°
Feels Like: 63°
Fowler
Clear
63° wxIcon
Hi: 72° Lo: 43°
Feels Like: 63°
Williamsport
Clear
66° wxIcon
Hi: 73° Lo: 44°
Feels Like: 66°
Crawfordsville
Clear
63° wxIcon
Hi: 74° Lo: 45°
Feels Like: 63°
Frankfort
Clear
72° wxIcon
Hi: 72° Lo: 43°
Feels Like: 72°
Delphi
Clear
66° wxIcon
Hi: 73° Lo: 43°
Feels Like: 66°
Monticello
Clear
66° wxIcon
Hi: 74° Lo: 43°
Feels Like: 66°
Logansport
Clear
61° wxIcon
Hi: 71° Lo: 41°
Feels Like: 61°
Remaining Dry and Trending Warmer for the Upcoming Work Week.
WLFI Radar
WLFI Temps
WLFI Planner

Indiana Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 110759

Reported Deaths: 3503
CountyConfirmedDeaths
Marion20645758
Lake10172317
Elkhart6321108
St. Joseph600797
Allen5921200
Hamilton4646109
Vanderburgh327129
Hendricks2638121
Monroe236836
Johnson2250122
Tippecanoe218413
Clark210156
Porter203344
Cass19279
Delaware184261
Vigo175722
Madison156575
LaPorte135637
Floyd130061
Howard127063
Kosciusko118717
Bartholomew114557
Warrick111935
Marshall98024
Boone94446
Dubois94018
Hancock90042
Noble87632
Grant86733
Henry75424
Wayne73714
Jackson7319
Morgan69438
Shelby66329
Daviess63927
LaGrange62911
Dearborn62128
Clinton59112
Harrison55624
Putnam5209
Montgomery50221
Lawrence50028
White47814
Knox4769
Gibson4644
Decatur45339
DeKalb44211
Miami4223
Fayette41713
Greene41535
Jasper3802
Steuben3647
Scott35310
Sullivan32812
Jennings30812
Posey2940
Franklin29325
Clay2925
Orange28224
Ripley2788
Carroll26913
Wabash2608
Washington2571
Starke2487
Wells2472
Whitley2476
Adams2403
Jefferson2403
Fulton2302
Huntington2173
Spencer2154
Tipton21522
Randolph2067
Perry20213
Newton17011
Jay1680
Owen1641
Martin1590
Rush1494
Pike1361
Vermillion1250
Fountain1152
Blackford1142
Pulaski1131
Crawford1020
Brown1013
Parke932
Benton880
Union770
Ohio767
Switzerland680
Warren401
Unassigned0225

COVID-19 Important links and resources

As the spread of COVID-19, or as it's more commonly known as the coronavirus continues, this page will serve as your one-stop for the resources you need to stay informed and to keep you and your family safe. CLICK HERE

Closings related to the prevention of the COVID-19 can be found on our Closings page.

Community Events