In one of his first actions as president, Donald Trump has declared a national emergency at the southern border, a move that has raised concerns about the misuse of emergency powers. The proclamation grants the Secretary of Defense the authority to reallocate funds for border wall construction and to call up reservists to assist the Department of Homeland Security (DHS) in managing border activities.
This is not the first time Trump has used such powers to address border issues. Six years ago, with illegal border crossings near a 40-year low, Trump declared a similar emergency to secure funding for the border wall. Now, with illegal crossings at higher levels (though still down from record highs in 2023 and early 2024), he has invoked the same authority.
Critics argue that the declaration is an overreach of presidential power, as it addresses a longstanding issue that Congress has had the ability to address for years. Under the 1976 National Emergencies Act, the president can declare a national emergency, unlocking a wide array of powers. These include the ability to freeze assets, take control of communications facilities, and, as Trump has invoked, reallocate military funds.
In his proclamation, Trump has once again used the “military construction” provision, which allows the Secretary of Defense to reprogram funds for projects not authorized by Congress. This provision was used in 2019 after Congress refused to allocate sufficient funds for the border wall, forcing the cancellation of military projects to make way for the wall’s construction.
Additionally, Trump’s emergency declaration authorizes the Secretary of Defense to call up National Guard troops and other reservists to support border operations. This is a power that has been used by both Trump and President Biden in the past for logistical support, but it raises concerns over the military’s role in border enforcement.
The problem with using emergency powers, critics argue, is that they are meant to address sudden, unforeseen crises—rather than longstanding issues like immigration. Congress has had ample time to address immigration reform and the border situation through legislation, yet Trump has not pushed for long-term solutions. In fact, he reportedly lobbied against a bipartisan border security bill in 2024, preferring to campaign on the issue instead.
Trump’s invocation of emergency powers to support the border wall is also facing legal challenges. In the past, courts have ruled against Trump’s use of military construction funds for the wall, as the provision was intended to support military deployments, not the other way around. Legal experts believe Trump’s current use of these powers could face similar legal scrutiny.
Another concern is Trump’s authority to call up reservists. According to law, military support cannot interfere with the military’s preparedness. Given the stretched resources of the National Guard and the military’s global commitments, some argue that deploying additional reservists could harm military readiness.
While the situation at the southern border is undeniably complex, critics say that misusing emergency powers is not the solution. The ongoing crisis calls for comprehensive immigration reform, something Congress is better positioned to address. Until the National Emergencies Act is reformed, the courts may play a crucial role in limiting presidential overreach and protecting democratic principles.
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