Trump's national emergency plan to build a border wall carries big risks, rewards

WASHINGTON – The reason President Donald Trump wants to declare a national emergency to free up funding for his border wall is obvious: The move will let him make an end-run around congressional Democrats who are opposed to his wall.

But the strategy, which the president is set to formally execute Friday, carries huge risks for his wall, his relationships with Republican lawmakers and his presidency.

The White House said Trump would declare a national emergency to help find funding for the wall at the same time aides announced he would sign bipartisan legislation approved by Congress Thursday that would set aside $1.375 billion for border barriers – far less than the $5.7 billion the president had initially sought.

Here's a look at the many challenges Trump faces in declaring a national emergency.

Trump's strategy will trigger lawsuits

Some groups were are already lining up to challenge the emergency declaration before Trump signs it. Experts say Trump probably has the ability to define a national emergency as he sees fit, but the emergency order – by itself – doesn't do much. The White House then has to go through the law to find pots of money scattered throughout the federal government that can be tapped in the case of an emergency. That process is more likely to draw legal challenges than the emergency declaration itself. And legal experts predict those cases are good candidates for the Supreme Court, and therefore a lengthy battle.

A national emergency is not popular

For the same reason conservatives balked when President Barack Obama went around Congress to protect millions of immigrants in the country illegally from deportation, Trump's critics don't like the idea of a president acting unilaterally to get around Congress. Two-thirds of Americans said they oppose Trump declaring a national emergency to help fund a border wall, according to a CBS News poll this month. A majority of Republicans in that poll – 73 percent – backed the idea. The 2020 presidential election season is not that far off.

Some Republicans don't like it

By pulling the trigger on a national emergency, Trump is going against some GOP lawmakers on principle, driving a rift within his party. Worse for them, House Democrats are in a position to force a vote on the emergency in Congress, which would put Republicans on record in a way that opponents – on either side of the controversial issue – could use against them in next year's election. And then there's the issue of where Trump pulls the money from. If he takes it away from Pentagon projects popular with military families, Defense hawks or members whose districts would benefit, the pushback quotient could soar.

Democrats may try it, too

One of the biggest concerns some Republicans have raised about the precedent Trump is setting with an emergency declaration involves future presidents. Hours after the White House announced Trump would declare the emergency, some Democrats – including some who are running for president – began suggesting they might support an emergency declaration about climate change or gun control. It's not clear whether it would be possible to address either of those concerns through an emergency, but a future president might try. Another possibility: Congress clamps down on the powers a president may exercise by declaring an emergency, potentially tying the hands of a future administration.

This article originally appeared on USA TODAY: Trump's national emergency plan to build a border wall carries big risks, rewards