How the Trump Administration Might Defend Its Border Emergency

Amid lawsuits and fierce debate over President Donald J. Trump’s declaration of a national emergency at the U.S.–Mexico border, the President quietly renewed a different national emergency declaration concerning Cuba—one that has lasted for over two decades. With that renewal, President Trump may have inadvertently strengthened the legitimacy of his declaration of an emergency at the border. A lawsuit filed by 16 states over the declaration contends that the situation at the border cannot be an emergency now if it has not “significantly changed” since President Trump took office. The states argue that border apprehensions are “within the historic range” and that caravans of asylum seekers “have not materially changed the situation at the border.” Without a recent crisis or escalated threat, no emergency exists, they claim. But many national emergencies last for years, or even decades. The Trump Administration could use the…

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