State of emergency in the USA: how it works and what will happen next - ForumDaily
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State of emergency in the USA: how it works and what will happen next

15 February US President Donald Trump announced the state of emergency in the country. He plans to use it to secure funding for the wall on the border between the United States and Mexico. What does the state of emergency mean, why is this important and what will happen next?

The introduction of an emergency may allow Trump to bypass Congress and gain access to military assets and resources. But the plans of the President of the United States may interfere with the Congress or the court, writes with the BBC.

What is a state of emergency?

A state of emergency in the United States is usually declared in times of national crisis. In this case, Donald Trump said that the border between the US and Mexico is happening migration crisis, Said TSN.

“We are going to confront the national security crisis on our southern border,” Trump said, explaining his actions by the dominance of “drugs and criminals” from Mexico, writes liga.net.

The American president repeated similar theses throughout the entire election campaign, demonizing the Mexicans and their country. Among the admirers of Trump, this position had a success.

Initially, the head of the United States planned to receive part of the money for construction from Mexico, but President Andres Manuel Lopez Obrador immediately and categorically refused, calling the idea “the business of the United States.”

Declaring a national emergency gives the president "access to special powers that are written into more than 100 different laws," said Elizabeth Goitein, co-director of the Brennan Center's Freedom and National Security Program.

These powers actually allow the president to circumvent the usual political process, when the allocation of public funds is the sole prerogative of Congress.

Trump is important to fulfill one of the key campaign promises. But this could provoke a severe crisis of power in the United States. Fell on the country the longest ever shutdown - temporary shutdown of a part of government bodies. Led to him wall financing dispute: the Upper House of Congress proposed a draft budget in which $ 1,6 billion was allocated for the construction of barriers on the border with Mexico; Trump refused to sign the budget, which caused the government to stop working.

Elizabeth Goytein pointed out two norms of the law that Trump could use to achieve her goal. According to the first, it would be possible to redirect funds to military projects that have already been approved by Congress. According to the second rule, the Trump administration must prove that the wall is a military structure.

“This is clearly a power grab by a frustrated president who has gone beyond the bounds of the law to try to achieve what he could not achieve constitutionally,” House Speaker Nancy Pelosi and Sen. Chuck Schumer of New York said in a joint statement.

According to them, Trump's actions are an abuse of power, and the president himself has already broken his promise because he did not force Mexico to pay for the wall.

Can Congress block the state of emergency?

The American Emergency Management Act contains a provision that allows Congress to terminate emergency declarations - provided that both houses of Parliament support it and the President does not veto it.

Democrats have an advantage in the House of Representatives, while Republicans control the Senate. However, a number of Republican senators have loudly expressed concern about the president declaring a national emergency. The fact that Trump may be acting “not entirely constitutionally” was also stated among Republicans: the president’s decision was criticized by former presidential candidate Mitt Romney, senators Mark Rubio and Maine Susan Collins.

However, the resolution will still require the signature of Donald Trump, who can impose a veto. In order to overcome it, an excess majority in both houses of Congress is necessary.

There is another option to block the state of emergency - by court. That is what happened in 1952, when President Harry Truman tried to nationalize the metallurgical industry during the war with Korea, setting a legal precedent.

Фото: Depositphotos

How often do presidents use special powers?

Trump's predecessor Barack Obama used them 13 times, and his predecessor George W. Bush used them 12 times. This will be the fourth time for the current American president.

However, previous presidents have used this rule primarily to address foreign policy crises—including blocking terrorism-related entities from accessing funds or banning investment in countries with human rights abuses.

Some previous special authorities were related to the H1N1 influenza epidemic and have now ended. Others are more general and continue to exist today, such as blocking the property of people who "engage in serious malicious cyber activities."

Ex-president George W. Bush used emergency powers after the September 11 2001 attacks, so that the security forces could also apply to the suspect methods of interception and interrogation, which were later found to be torture.

According to Congress, compiled by the Air Force, previously, a state of emergency was introduced in the United States for such reasons:

  • 26 times - due to sanctions
  • 1 time - due to the proliferation of weapons
  • 1 time - due to trade unions
  • 3 times - for other reasons (11/XNUMX terror, shipping off the coast of Cuba, control of Iraqi oil).

Is there really an emergency on the border with Mexico?

More than 2000 people were returned daily or arrested at the border in November 2018. Supporters of Trump's plans for the wall believe that these figures indicate an emergency.

In fact, as shown by data obtained by the Air Force from the US Customs and Border Protection Service, the number of immigrants who arrived in the country at Trump is far from the average and, especially, high for the comparative 18-year period.

In particular:

  • in the 2000 fiscal year, more than 1,6 million migrants arrived in America;
  • in 2002 - more than 1,2 million;
  • in 2005 - just under 1,2 million;
  • during this time, the lowest influx was observed in 2011 - less than 400 thousand;
  • at 2017, Trump's first year in operation, the rate was even lower. This is not just the minimum figure for the 18 years studied, but also the lowest since the 1971 year;
  • 2018 talked about 400 thousands of immigrants per year, which is only slightly more than the minimum.

What will happen next?

Congress allocated for the wall only $ 1,3 billion. The White House said that Trump will be able to redirect to the construction of $ 3,6 billion of money allocated for military projects; raise $ 2,5 billion from anti-drug programs and $ 600 million from the confiscation fund. In total - about $ 8 billion

“It’s just common sense, a border wall will pay for itself quickly,” Trump himself previously said. How it will pay off is not specified.

Now, theoretically, only the theoreticians will be able to prevent Trump: according to the law, it is possible to cancel the introduction of the regime if both chambers vote for it, and the president does not veto it. Another way is recognizing Trump's actions illegal in court. Lawsuits can be filed by lawmakers and / or human rights groups.

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