Press Releases

When President Trump announced his National Emergency declaration in early February I urged caution. Even though I still believe Congress should be the lead actor on funding border security, after reviewing the details of the President’s declaration, it seems he is acting in a legal manner. Additionally, after reviewing the declaration and proposed funding sources, I do not have significant concerns that any priorities in Michigan are at risk of being defunded. For these reasons, I joined with a vast majority of my Republican colleagues in voting No on the Democrat resolution to terminate the emergency declaration. 

The National Emergencies Act authorizes the President to declare an emergency, which activates powers contained in other federal statutes, on the condition that the President must specify which powers they intend to use. President Trump used this authority on February 15, 2019, issuing Proclamation 9844, which declared a National Emergency at the southern border and outlined which statutes he would utilize to address the crisis.
 
Recently I met with agents from the National Border Patrol Council to discuss border security. After hearing their stories it was clear to me that a dangerous situation does exist and must be dealt with at the border. In addition to the unprecedented numbers seeking “refugee status,” human traffickers exploit our borders to traffic children into our country and sell them into prostitution and slavery. Additionally, cartels, traffickers, and gangs have taken advantage of our weak borders for their own gain. Each week, 300 Americans die from heroin overdoses, 90 percent of which comes across our southern border through legal and illegal points of entry.

It is important to understand from where the proposed $8.1 billion in funds from to enhance border security are coming. The first $1.375 billion will come from money directly allocated by Congress in the most recent spending deal. When this money is spent, the next funds will come from specific statuary authorities totaling $3.1 billion. This will include the Treasury Department's forfeiture fund ($601 million) and the Defense Department's Support for Counterdrug Activities ($2.5 billion). These funds can be legally used in this manner by the President for border security without declaring a national emergency. Only when these funds are exhausted will the President use $3.6 billion in unused and unobligated military construction funds made available due to the emergency declaration. Additionally, the Pentagon has agreed not to use any money for military housing and improvement initiatives for active duty soldiers. 
 
There is legal precedent for deviating surplus military construction funds following a national emergency declaration, as it has been done eighteen times in the last two decades alone.  Over the last five years the Pentagon has accumulated $21 billion in military construction funds that has yet to be spent. The President is seeking to use $3.6 billion out of the $21 billion surplus for unobligated military construction funds.
  
While this declaration of a National Emergency by President Trump is not my first choice of actions, after examining the actual order I see no reason to terminate it. The President is acting in a legal manner to enhance border security because Congress has failed to do so.