The Senate has several choices to make with regard to the way it legislatively handles the president’s emergency declaration for more border security funding.

First, it must decide whether or not there is an emergency at the southern border that warrants presidential action under The National Emergencies Act of 1976, or even more broadly, is in his inherent Constitutional power as president to address.

The president had said clearly that a crisis exists on the southern border that requires him to act immediately to secure it. Our porous borders have created a national emergency that victimizes migrants journeying to it and allows dangerous criminals and deadly drugs to flow across it. He has set forth the following facts in support:

BILLS BEFORE CONGRESS ARE TOO LONG AND COMPLICATED – TIME TO SHORTEN AND SIMPLIFY LEGISLATION

Many migrants who make the trek through Central America and Mexico encounter horrifying violence, including sexual assault. Human traffickers and coyotes prey on the migrants traveling to our border and exploit them for their own horrific gain. One-third of women are sexually assaulted along the journey.

Dangerous criminals have exploited our porous borders to gain entry into America and bring violence into our communities. In the last two years alone, Immigration and Customs Enforcement (ICE) has made 266,000 arrests of illegal immigrants with criminal records – many charged with violent crimes.

Vile gang members from MS-13 have taken advantage of our porous border to come into our country and terrorize innocent Americans.

Deadly drugs continue to pour through our border and into our communities, including the vast majority of cocaine and heroin consumed in America. More than 70,000 American lives were lost to drug overdoses in 2017. Customs and Border Protection (CBP) recently made the largest fentanyl bust in its history.

As a result of these facts, President Trump must take urgent action to address the crisis and uphold his duty to protect the safety of our nation. That must include building barriers. Nearly $8.1 billion has been identified to help secure the border, including funds appropriated by Congress, funds available under other statutory authorities, and military construction funds available under a national emergency. And last year, President Trump deployed the military to assist our heavily-strained border personnel with more than 5,000 troops.

If the members of the Senate agree that an emergency exists at the southern border, they must then decide how they will vote. Should they vote to accept the declaration? Or should they vote that, although an emergency exists, the president’s declaration is an inappropriate use of The National Emergencies Act and his executive powers generally?

One thing is for sure: All 47 Democrats and Independents will vote against the president’s use of emergency powers. That means Democrats will need at least four Republicans to join them for the resolution blocking the emergency declaration to pass. If that happens, the president will simply veto the bill, and the next question will be whether or not two-thirds of the House and Senate will vote to override the veto.

Historically, the odds are 90 percent that a veto will not successfully be overridden. Therefore, it is OK for some (but not too many) senators to go against the president. President Trump fully understands that some senators in vulnerable races need cover.

This is more about the politics of self-preservation than about constitutional overreach or the setting of a “dangerous precedent.”

The veto must stand to allow the judiciary to weigh in. Republican Senators must not cave to pressure. It is imperative that the president and Republicans in Congress make good on their 2016 campaign promises to secure our southern border.

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Democrats are denying the obvious and playing politics with our border and national security. The very same Democrats who made passionate floor speeches in favor of the “Secure Fence Act of 2009” and the need for border security back then, are now saying the president is manufacturing a crisis.

Voters will remember in 2020 how Republicans voted on border security. This is Republicans “read my lips” moment. Promises made must be promises kept.

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