State of California et al v. Trump et al

Filing 236

MOTION for Partial Summary Judgment Regarding Border Barrier Projects Undertaken Pursuant to 10 U.S.C. § 2808 and Opposition to Plaintiffs' Motion for Partial Summary Judgment filed by Department of Defense, David Bernhardt, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, Steven T. Mnuchin, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson. Motion Hearing set for 11/20/2019 10:00 AM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 11/1/2019. Replies due by 11/8/2019. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Proposed Order)(Warden, Andrew) (Filed on 10/25/2019)

EXHIBIT 4

PRESIDENTIAL MEMORANDA

S.J. Res. 54 Veto Message
IMMIGRATION

Issued on: October 15, 2019

★ ★ ★
TO THE SENATE OF THE UNITED STATES:
I am returning herewith without my approval S.J. Res. 54, a joint resolution that would
terminate the national emergency I declared in Proclamation 9844 of February 15, 2019,
pursuant to the National Emergencies Act, regarding the ongoing crisis on our southern
border.  I am doing so for the same reasons I returned an identical resolution, H.J. Res.
46, to the House of Representatives without my approval on March 15, 2019.
Proclamation 9844 has helped the Federal Government address the national emergency
on our southern border.  It has empowered my Administration’s Government-wide
strategy to counter large-scale unlawful migration and to respond to corresponding
humanitarian challenges through focused application of every Constitutional and
statutory authority at our disposal.  It has also facilitated the military’s ongoing
construction of virtually insurmountable physical barriers along hundreds of miles of our
southern border.
The southern border, however, continues to be a major entry point for criminals, gang
members, and illicit narcotics to come into our country.  As explained in Proclamation
9844, in my veto message regarding H.J. Res. 46, and in congressional testimony from

multiple Administration officials, the ongoing crisis at the southern border threatens
core national security interests.  In addition, security challenges at the southern border
exacerbate an ongoing humanitarian crisis that threatens the well-being of vulnerable
populations, including women and children.
In short, the situation on our southern border remains a national emergency, and our
Armed Forces are still needed to help confront it.
Like H.J. Res. 46, S.J. Res. 54 would undermine the Government’s ability to address this
continuing national emergency.  It would, among other things, impair the Government’s
capacity to secure the Nation’s southern borders against unlawful entry and to curb the
trafficking and smuggling that fuels the present humanitarian crisis.
S.J. Res. 54 is also inconsistent with other recent congressional actions.  For example,
the Congress, in an overwhelmingly bipartisan manner, has provided emergency
resources to address the crisis at the southern border.  Additionally, the Congress has
approved a budget framework that expressly preserves the emergency authorities my
Administration is using to address the crisis.
Proclamation 9844 was neither a new nor novel application of executive authority.
 Rather, it is the sixtieth Presidential invocation of the National Emergencies Act of 1976.
 It relies upon the same statutory authority used by both of the previous two Presidents
to undertake more than 18 different military construction projects from 2001 through
2013.  And it has withstood judicial challenge in the Supreme Court.
Earlier this year, I vetoed H.J. Res. 46 because it was a dangerous resolution that would
undermine United States sovereignty and threaten the lives and safety of countless
Americans.  It was, therefore, my duty to return it to the House of Representatives
without my approval.  It is similarly my duty, in order to protect the safety and security of
our Nation, to return S.J. Res. 54 to the Senate without my approval.
DONALD J. TRUMP

THE WHITE HOUSE,
October 15, 2019.