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

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.

This article was originally published in Just Security.