A.G. James and 15 Attorneys General File Lawsuit Challenging President Trump’s Declaration of National Emergency at Southern Border


New York joins with California and other States to block Trump’s emergency and diversion of funding to pay for border wall.

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President Donald Trump speaking at a 2018 roundtable summit on gang violence in Bethpage.

Photo by: White House via YouTube

West Babylon, NY - February 19, 2019 - Attorney General Letitia James filed a lawsuit 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 otherwise unlawful. The states seek to block the Trump Administration’s emergency declaration, the construction of the border wall, and any diversion of Congressionally-appropriated funds. 
“Declaring a National Emergency when one does not exist is immoral and illegal,” said Attorney General Letitia James. “Diverting necessary funds from real emergencies, crime-fighting activities, and military construction projects usurps Congressional power and will hurt Americans across the country. We will not stand for this abuse of power and will fight using every tool at our disposal.” 
The complaint filed today alleges that the Trump Administration’s action declaring a national emergency due to a purported border crisis is unlawful and unconstitutional. 
"President Trump’s hyped crisis is a pretext to justify redirecting congressionally-appropriated funds to pay to build a wall along the southern border after he failed to get Congress — or Mexico — to pay for it," said Attorney General James.
The states allege that the Trump Administration’s action exceeds the power of the executive office, violates the U.S. Constitution and federal statutes, and would illegally and unconstitutionally divert federal funds appropriated by Congress for other purposes. 
Joining Attorney General James in filing the lawsuit are the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, and Virginia.