Wisconsin Will Join Lawsuit Challenging Border Emergency

Wisconsin Attorney General Josh Kaul has joined a multi-state lawsuit challenging President Donald Trump’s national emergency declaration, a case that seeks to prevent Trump from building a border wall without Congress’ approval.

Gov. Tony Evers announced Wednesday he had authorized Kaul to join the case. Evers’ office said 20 attorneys general were now part of the lawsuit.

President Trump declared a national emergency in February after Congress passed a spending bill that did not include all of the funding he wanted for a border wall. The declaration, Trump argued, would let him shift billions in funding from elsewhere in the Department of Defense to pay for the construction.

The multi-state suit that now includes Wisconsin contends Trump’s actions exceed the powers of the executive office, violate the U.S. Constitution, and would unconstitutionally divert federal funds appropriated by Congress for other purposes.

“Diverting federal funds away from Wisconsin to pay for a border wall would do little to enhance our security but have real consequences for communities in Wisconsin,” said Kaul in a written statement. “If Congress had chosen to divert those funds, that would simply be bad policy. Here, however, the president issued an unfounded emergency declaration after Congress decided not to fund the border wall. That action is inconsistent with the constitutional mandate of separation of powers.”

Trump has argued the president’s power to declare national emergencies is well established, with nearly 60 national emergencies declared since 1976.