As we covered previously, on February 15, President Trump declared a state of emergency at the southern U.S. border, aiming to utilize funds allocated for the defense budget to build a border wall. The President has insisted that migration at the border is threatening the safety of Americans, despite no such evidence in the public record. Congress swiftly went into action to draft and pass a resolution to overturn his declaration and attempt to prevent any defense funding from being used to build a physical barrier on the border. Many on the Hill believe that his declaration was a misuse of his constitutional power to declare a state of emergency.
Although Congress acted within its power to challenge Trump’s declaration through a resolution, ultimately Trump vetoed the resolution this past Friday, March 15. This veto means the legislation will go back to Congress, to determine whether there are enough votes to override President Trump’s veto. In order for Congress to override a veto by the President, there must be a two-thirds majority vote. If Congress in not able to successfully garner enough votes, Trump’s declaration will remain active. However, many states are now also challenging the declaration in various courts.