Center for American Progress

Trump’s Plan to Have the Military Build a Wall is Illegal
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Trump’s Plan to Have the Military Build a Wall is Illegal

Though President Trump has considered declaring a national emergency and using the U.S. military to build a border wall, author Sam Berger explains why this plan is both illegal and impractical.

As the shutdown stretches on, the Trump administration is beginning to realize the severity of its consequences for millions of Americans, and is desperately searching for a way out. One avenue that President Donald Trump has said he is considering is declaring a national emergency and utilizing the military to build a border wall.

This plan is not only outlandish, it’s also illegal. Commentators have noted that the military is prohibited from enforcing domestic law without express congressional authorization, and there are specific prohibitions that would apply directly to efforts to enforce immigration law. In addition to those concerns, there’s an even more basic one: the Department of Defense lacks funding to build a border wall and Trump’s claims of emergency authority do not change that.

The above excerpt was originally published in Just Security. Click here to view the full article.

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Sam Berger

Former Vice President, Democracy and Government Reform