California on Friday led a group of 20 states in requesting that a federal judge stop President Trump from diverting federal funds to build his wall on the southern border.
The state attorneys general announced their request for the preliminary injunction as Trump traveled to California to visit a segment of the border wall.
In the filing, the states argue that Trump’s declaration of a national emergency in order to divert federal funding to the wall from other sources is unconstitutional, and that construction of the wall under those circumstances would cause irreparable damage.
{mosads}“Notwithstanding the president’s expressed frustration with Congress and the legislative process, he must act in accordance with the procedures established in the Constitution to obtain funding for his border wall,” the filing reads.
The states also claim that construction of the wall could cause “possible irreparable harm to endangered species” living near the border, and that the administration has violated the National Environmental Policy Act by not studying the potential environmental impact of the wall.
The states’ request came just hours after the American Civil Liberties Union also asked a federal judge to implement a preliminary national injunction to halt construction of the border wall.
Trump declared a national emergency earlier this year following shortly after a 35 day partial government shutdown after Congress refused to pass a funding bill granting him his requested amount of funding to construct the border wall.
Attorney General William Barr said at the time that Trump had the legal authority and standing to declare the national emergency. And Homeland Security Secretary Kirstjen Nielsen and other immigration officials have since called the situation at the border a crisis.
Trump earlier this week threatened to shut down the border with Mexico. But he later backed off that position, saying that he will give Mexico a year to stem illegal immigration and drug trafficking happening on the southern border.