DOJ warns White House that national emergency will likely be blocked: report

The Department of Justice (DOJ) has warned the White House that the courts are likely to block a national emergency declaration to build a wall along the southern border, according to ABC News.

The White House, however, remains confident that it can win on appeal and ultimately have such a declaration approved by the courts, ABC News reported.

The DOJ declined comment to The Hill. The White House did not return a request for comment.


Senate Majority Leader Mitch McConnell (R-Ky.) announced Thursday that President TrumpDonald TrumpBiden to sign executive order aimed at increasing voting access Albany Times Union editorial board calls for Cuomo's resignation Advocates warn restrictive voting bills could end Georgia's record turnout MORE plans to bypass Congress to get border wall funding by declaring a national emergency. Trump also plans to sign a bill to fund the government, preventing another shutdown. The legislation does not include the amount of funding Trump wants for a wall.

The White House confirmed Trump's plans to declare a national emergency.

“President Trump will sign the government funding bill, and as he has stated before, he will also take other executive action - including a national emergency - to ensure we stop the national security and humanitarian crisis at the border,” White House press secretary Sarah Huckabee Sanders said Thursday. 
Trump has suggested for weeks that he would declare a national emergency if Congress wouldn't approve more than $5 billion in funding for a wall along the U.S.-Mexico border. He has said a wall is necessary to counter what he describes as a "humanitarian crisis" at the border.
Lawmakers, including some Republicans, have warned that declaring a national emergency would bring an immediate legal challenge. 
Sen. Susan Collins (R-Maine) said Thursday that the emergency declaration “will be challenged in court and is of dubious constitutionality.”

“It undermines the role of Congress and the appropriations process and it’s just not good policy,” she added.