Governor Newsom, Attorney General Becerra, and 15 Partner States File Lawsuit Challenging President Trump’s Contrived Declaration of National Emergency at the Southern Border

Fifteen states join California to block Trump’s fabricated emergency and unlawful diversion of Congressionally-appropriated funding to pay for his border wall

SACRAMENTO – California Governor Gavin Newsom and Attorney General Xavier Becerra, leading a 16-state coalition, today 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. In the complaint, the coalition 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 unauthorized construction of the border wall, and any illegal diversion of Congressionally-appropriated funds.

“President Trump is manufacturing a crisis and declaring a made-up 'national emergency' in order to seize power and undermine the Constitution,” said Governor Newsom. “This 'emergency' is a national disgrace. Rather than focusing on fighting the real vulnerabilities facing Americans, the President is using the powers of America’s highest office to fan the flames of nativism and xenophobia. Our message to the White House is clear: California will not be part of this political theater. We will see you in court.”

“President Trump treats the rule of law with utter contempt. He knows there is no border crisis, he knows his emergency declaration is unwarranted, and he admits that he will likely lose this case in court. He is willing to manipulate the Office of the Presidency to engage in unconstitutional theatre performed to convince his audience that he is committed to his ‘beautiful’ border wall,” said Attorney General Becerra. “Today, on Presidents Day, we take President Trump to court to block his misuse of presidential power. We’re suing President Trump to stop him from unilaterally robbing taxpayer funds lawfully set aside by Congress for the people of our states. For most of us, the Office of the Presidency is not a place for theatre.”  

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. The facts do not support President Trump’s rhetoric or his declaration. Unlawful southern border entries are at their lowest point in 20 years, immigrants are less likely than native-born citizens to commit crimes, and illegal drugs are more likely to come through official ports of entry. There is no credible evidence to suggest that a border wall would decrease crime rates.

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. The suit seeks declaratory and injunctive relief to block the emergency declaration, the construction of the wall, and any illegal diversion of congressionally-appropriated funds. 

Joining Attorney General Becerra in filing the lawsuit are the attorneys general of Colorado, Connecticut, Delaware, Hawai'i, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, and Virginia.

A copy of the complaint is attached to the electronic version of the press release here.