16 States File Suit Challenging National Emergency Declaration

SACRAMENTO – California today led a 16-state coalition in filing suit in the U.S. District Court for the Northern District of California challenging President Trump’s declaration of a national emergency and his attempt to divert funding appropriated by Congress for other purposes.

The complaint alleges that the Trump Administration’s emergency declaration and diversion of funds is unconstitutional and unlawful. The states are therefore seeking to block the Administration’s declaration, the unauthorized construction of the border wall, and any illegal diversion of Congressionally-appropriated funds.

“President Trump is manufacturing a crisis and declaring a made-up 'national emergency' in order to seize power and undermine the Constitution,” said California Governor Gavin Newsom. “This 'emergency' is a national disgrace. Rather than focusing on fighting the real vulnerabilities facing Americans, the President is using the powers of America’s highest office to fan the flames of nativism and xenophobia. Our message to the White House is clear: California will not be part of this political theater. We will see you in court.”

“President Trump treats the rule of law with utter contempt. He knows there is no border crisis, he knows his emergency declaration is unwarranted, and he admits that he will likely lose this case in court. He is willing to manipulate the Office of the Presidency to engage in unconstitutional theatre performed to convince his audience that he is committed to his ‘beautiful’ border wall,” said California Attorney General Xavier Becerra.

“Today, on Presidents Day, we take President Trump to court to block his misuse of presidential power. We’re suing President Trump to stop him from unilaterally robbing taxpayer funds lawfully set aside by Congress for the people of our states. For most of us, the Office of the Presidency is not a place for theatre.”

Joining California in filing the lawsuit are the attorneys general of Colorado, Connecticut, Delaware, Hawai'i, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, and Virginia.

The complaint contends that the facts surrounding the emergency declaration do not support President Trump’s rhetoric. Specifically, unlawful southern border entries are at their lowest point in 20 years, immigrants are less likely than native-born citizens to commit crimes, and illegal drugs are more likely to come through official ports of entry.

Furthermore, “There is no credible evidence to suggest that a border wall would decrease crime rates,” according to a written statement from Attorney General Becerra’s office.

The suit seeks declaratory and injunctive relief to block the emergency declaration, the construction of the wall, and any illegal diversion of congressionally-appropriated funds.

A copy of the complaint can be found at :

https://oag.ca.gov/system/files/attachments/press_releases/Multistate%20Emergency%20Declaration%20Lawsuit%20.pdf