Trump has not ruled out using his authority to declare a national emergency and instructing the Department of Defense to build a border wall while Congress and the White House are fighting for a deal to end the government's closure. While Trump's advisors continue to disagree on this issue, the White House has devised alternative plans that would bypass Congress.
"The vast numbers of foreigners who illegally enter the United States every day are a direct threat to the security and terrorism of our nation's security and a national emergency," a draft presidential statement said.
"Well, then, I, Donald J. Trump, of the authority of America transferred to me by the Constitution and the laws of the United States, including the National Emergency Act (50 USC 1
The draft was last updated last week, a US government official told CNN.
Depending on the options that are being considered, the government could attract: $ 681 million from US Treasury funds, $ 3.6 billion $ 3 billion for military construction, $ 3 billion for civil works and $ 200 million for the Department of Homeland Security funds, the official said.
When the legislature discussed a short-term government financing deal on Thursday, Trump again offered the prospect of other ways to fund a border wall without Congress' approval.
I have other alternatives if I have to, and I will use these alternatives if I have to, "he told reporters.
" Many people who want this. The military wants this to happen. This is a virtual invasion of our country, "Trump said.
The Department of Defense has sent a request for CNN's opinion to the White House.
If the statement is made, the US Army Corps of Engineers would build the Wall Some of these could be built on private land and would therefore require the administration to confiscate the land, which is permissible under public use.
The plans of the Administration recognize the possibility of lawsuits when proceeding with the acquisition of private property.The documents also reflect the urgency of the management plans and point out that environmental testing can be skipped and the DHS can use waivers to V to circumvent earnings laws.
If the President continues with the statement, it is likely to be challenged in court and by Congressional Democrats, as critics have argued that Trump can not use the National Emergency Call Authority to release taxpayers' money and build the long-walled wall promising his political followers.
The issue of legality and judicial challenges remains one of the main problems in applying executive measures to secure wall financing. Trump's advisors have suggested that the introduction of this path would lead to some legal challenge, which means that the construction of the Wall is still delayed.
The draft document cites Title 10 of the US Code, which allows Trump to unlock a supply of Pentagon funds, but has not signed any contracts for the release of that money. This would give the president the authority to withdraw from military construction funds and construction projects such as infrastructure repair projects.
Rep. Dan Crenshaw, R-Texas, tweeted earlier this month that the reigning White House chief of staff, Mick Mulvaney, "has assured the Texans that he understands the deep concerns over the use of Harvey borderline equipment." CNN previously reported that the Pentagon was asked to provide a list of these projects pending a national emergency.
The Pentagon has supported the Department of Homeland Security in the past. For example, the Army Corps of Engineers, a government agency of the DOD that provides public engineering services, has helped to evaluate prototypes of the perimeter wall.
Possible options conceded that the acquisition of private property would take time. Even if this is voluntary, it can take up to a year for the land to be acquired. It is well known that cases of land confiscation take time as property owners have the right to sue. A national emergency declaration would not speed up this process, says a government official.
Customs and Border Protection has said that it would consider an outstanding domain in the future.
"It is always CBP's advantage to acquire property through a voluntary, negotiated sale, and the government will seek to negotiate an offer to sell using survey data and valuations derived from the surveying process," it said in a Q & A Boundary wall on their website. "The government will try to negotiate an offer to sell before continuing with a prominent domain, but if the government and landowner fail to negotiate or the government can not obtain a clean title, the government must file an outstanding domain deal. "
Kevin Liptak of CNN contributed to this report.