If Democrats in Congress fail to compromise with the President on a border wall, like they did this last time and promised to do so in the Omnibus Spending Bill, then he can and does have the power to declare a National Emergency at the Border and Congress can do jack!
They can try and sue the President, but Trump in his separated powers can ignore the court.
“Congress expressly gave presidents the authority to declare such emergencies and act unilaterally. The 1976 National Emergencies Act gives presidents sweeping authority as well as allowance in federal regulations to declare an “immigration emergency”. To deal with an “influx of aliens which either is of such magnitude or exhibits such other characteristics that effective administration of the immigration laws of the United States is beyond the existing capabilities”, of immigration authorities “in the affected area or areas.” The basis for such an invocation generally includes the “likelihood of continued growth in the magnitude of the influx,” rising criminal activity, as well as high “demands on law enforcement agencies” and “other circumstances.”
It is uncanny how Democrats have such select memories. Representative Joaquin Castro said, “declared that it would be “profoundly inappropriate for the president of the United States to circumvent the legislative branch and single handedly, against the will of the American people and the American Congress, put up a wall.”
Castro didn’t have any problems, nor did the other Democrats, like Pelosi or Schumer, when Obama openly circumvented Congress on immigration reforms. Obama ordered ICE and other agencies to stop enforcing some federal laws and used executive orders to do precisely what Congress refused to do.
“When Obama declared in a State of the Union address that he would circumvent Congress if it failed to approve his immigration reforms, Democrats cheered at the notion of their own circumvention, if not obsolescence.”
Those who object to a wall have the right to do so, but saying Trump doesn’t have the powers to do it, are blatantly wrong.
What all of this does show, is how hypocritical our Lawmakers truly are. They have been content to let this issue fester for decades and get worse. They want to put a bandaid on something that needs surgery and in their arguments, only what they decide is right, should be done! How myopic, obstructionist, can they be?