WASHINGTON
A coalition of 18 U.S. states and jurisdictions has filed a federal lawsuit seeking to block former President Donald J. Trump’s national emergency declaration at the U.S.–Mexico border, escalating a legal fight over immigration policy and presidential authority.
The lawsuit, filed in January 2025, challenges Trump’s use of the National Emergencies Act of 1976 after Congress declined to approve the full amount of funding his administration requested for border security. The states argue the declaration is an unlawful attempt to bypass Congress and redirect federal funds without legislative approval.
The legal challenge comes days after Trump issued the proclamation declaring a national emergency, a move designed to unlock sweeping executive powers and allow federal agencies to shift money toward border enforcement and infrastructure, including physical barriers along the southern border.
According to the complaint, the states say there is no sudden or unforeseen emergency that justifies the use of extraordinary powers. Instead, they argue the declaration is a response to a political disagreement with Congress, which approved a funding package that fell short of the administration’s demands.
The coalition is led by California and New Jersey and includes New York, Massachusetts, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Rhode Island, Vermont, Wisconsin, along with the District of Columbia and the City and County of San Francisco.
Under the lawsuit, the states contend that the emergency order would divert billions of dollars from programs already authorized by Congress, including military construction and domestic initiatives, violating the Constitution’s separation of powers.
The legal action adds to growing backlash in Washington. Lawmakers from both parties raised concerns over executive overreach, with Democratic leaders accusing Trump of undermining Congress’s control over federal spending, while some Republicans warned the move could set a precedent that future presidents might exploit.
Civil liberties groups echoed those concerns. The American Civil Liberties Union and other advocacy organizations criticized the declaration, arguing that emergency powers are meant for sudden crises, not long-running policy disputes, and warned the move could weaken congressional oversight.
Supporters of the declaration defended Trump’s actions, pointing to rising migrant encounters, strain on border communities, and national security concerns. They argue the president is acting within authority granted by Congress under existing emergency laws.
The lawsuit recalls Trump’s 2019 border emergency declaration, which triggered years of court battles and legislative efforts to limit presidential emergency powers.
As the case moves through the courts, the challenge sets up another high-stakes confrontation between the states and the federal government, placing immigration policy, executive authority, and constitutional limits back at the centre of national debate.
Discover More Trump Declares Emergency to Bypass Senate on Border Funds
Discover more from VyvyDaily
Subscribe to get the latest posts sent to your email.
