1、CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Can the Department of Defense Build the Border Wall? Updated February 18, 2019 UPDATE: On February 15, 2019, President Trump issued a proclamation declaring a national emergency at the southern border of
2、the United States, and invoking, among other authorities, the military construction authority provided in 10 U.S.C. 2808. At the same time, the White House released a statement identifying additional funds that would be made available to build the border wall under 10 U.S.C. 284. The Army Corps of E
3、ngineers reprogramming authority at 33 U.S.C. 2293 was not invoked as part of this declaration. Following the Presidents declaration of a national emergency, Public Citizen and a collection of state attorneys general filed suits in federal district courts seeking injunctions prohibiting the use of f
4、ederal funds to construct a border wall, beyond the amounts appropriated by Congress for such purposes. The text of the original post from January 10, 2019, includes a discussion of these three authorities and follows below. According to multiple reports, President Trump may be contemplating declari