川普宣布進入緊急狀態 執意蓋美墨邊境圍牆

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圖/facebook.com/WhiteHouse

圖/facebook.com/WhiteHouse

(台灣英文新聞/國際組 綜合整理報導)美國總統川普於美國時間周五宣布進入全國緊急狀態,白宮隨即公布川普簽署聲明的照片和聲明全文,他不畏言白宮接下來可能要面臨冗長的司法大戰,但川普堅稱,自己為了國家安全是做對事與好事。

川普於美國時間15日上午在白宮玫瑰花園宣布,他除了簽署國會通過的預算法案之外,也根據「全國緊急狀態法」,宣布美國進入緊急狀態。他表示,從國會制定「全國緊急狀態法」以來,多位白宮主人都曾動用過這一總統權力,「這很少有問題,他們簽就簽了,沒人在乎」,他還說,在許多情況下,也有一些總統因毫不重要的事情宣布緊急狀態,而南方邊境洞開,美國遭到毒品、人口販子、及各類幫派及犯罪人士入侵,是真正危機,他自認宣布緊急狀態「做得很棒」、是「大好的事」。

不過,川普2014年曾推特發文,批評時任總統歐巴馬在推動移民改革中的「童年抵達者暫緩驅逐辦法」(DACA)時、繞過國會,動用總統行政特權自行頒布法令,是「為圖利自己推翻美國憲法」,而美國記者今天以同樣標準挑戰川普是否昨是今非與雙重標準。

川普反駁,歐巴馬沒透過國會的立法過程,「但我有,他(歐巴馬)沒拿到一塊錢,我(從國會)拿到將近14億美元,還給我許多沒要求的預算,但就是那道牆,他們編列的預算短少」,他認為自己的作法才合情合理

川普宣稱,在預算的法定程序上,他取得成功,雖然他可以繼續好整以暇慢慢蓋牆,但他更想快點蓋完,還堅稱他大可不必宣布緊急狀態,因為「為了連任,我已蓋了好多牆」,「華盛頓郵報」就質疑川普的動機,既然宣稱毋須這麼做,卻又做了,說穿都是為選舉的權宜之計。

中央社引述華郵報導,在川普宣布緊急狀態前的行政與立法折衝,國會共和黨人曾試圖安撫川普,他要57億美元,聯邦眾議院僅編列近14億美元,可以視作是築牆的「頭期款」,最初聽到消息的川普還一度抱怨共和黨議員失敗無能,甚至陷入不願簽署開支法案、寧可讓政府又關門的思考中。

華郵形容,與上一次政府關門不同,白宮這次的決策猶如脫軌失控般,全憑川普當下的心意,而當共和黨籍聯邦參議院多數黨領袖麥康奈(Mitch McConnell)和川普3度通話,說服他簽法案、並支持他宣布緊急狀態以獲取其他不足的邊境牆經費後,麥康奈立刻到國會議場宣布,則是為避免川普改變心意。

民主黨包括聯邦眾議院議長裴洛西(Nancy Pelosi)及參院少數黨領袖舒默(Chuck Schumer)在聯合聲明中批評,川普的做法濫權違憲,要和川普「法院見」,然而,究竟川普是否濫權違憲,從法律的技術觀點來看,川普可能確實有灰色地帶能這麼做。

休士頓南德州法學院(South Texas College of Law Houston)憲法學教授布萊克曼(Josh Blackman)表示,當談論到國家的緊急狀態時,一般會想到的是美國正遭受攻擊,然而,法律字面上卻對「緊急狀態」沒有明確定義,而「全國緊急狀態法」(National Emergencies Act)是國會立法通過的,在何謂緊急狀態上,確實給總統很大的行政裁量權與權力。

在川普宣布緊急狀態前,白宮官員在電話簡報會上證實,川普將調度不同部門的資金,以支應邊境圍牆,總額約80億美元。

按美國憲法,編列預算屬國會權限,而川普簽署法案,可爭辯他並未侵犯國會的預算權,另一方面,作為三軍統帥,他認定南方邊境情況屬緊急,宣布緊急狀態、得以挪用其他部門預算,經費使用不符合原本科目編列,是否合法,得上法院爭辯。

接下來的法律攻防戰勢必延續到2020年的總統選舉年,邊境圍牆也將成為川普競選攻防主要議題,對他向基本盤訴求兌現競選政見,會有助力,但一道圍牆讓兩黨原本在移民改革與邊境安全議題上本就南轅北轍立場,距離將更遙遠。

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美國總統川普聲明稿全文:

SECURING OUR BORDER: President Donald J. Trump is following through on his promise to secure the border with legislation and Executive action.

President Trump was elected partly on his promise to secure the Southern Border with a barrier and, since his first day in office, he has been following through on that promise.

As the President has said, sections of the border wall are already being built, and legislation and Executive actions are building on that progress.

Executive action being taken by the President makes available additional funding to secure our border that is essential to our national security.

LEGISLATIVE WINS: President Trump secured a number of significant legislative victories in the Homeland Security appropriations bill that further his effort to secure the Southern Border and protect our country.

The funding bill contains robust resources and additional provisions to secure the border and strengthen immigration enforcement.

The bill provides $1.375 billion for approximately 55 miles of border barrier in highly dangerous and drug smuggling areas in the Rio Grande Valley, where it is desperately needed.

More than 40 percent of all border apprehensions occurred in the Rio Grande Valley sector in fiscal year (FY) 2018.

The Rio Grande Valley was the border sector with the most known deaths of illegal border crossers in FY 2018.

$415 million will go toward addressing the humanitarian crisis at the border by providing medical care, transportation, processing centers, and consumables.

President Trump successfully rejected efforts by some to undercut Immigration and Customs Enforcement’s (ICE) ability to uphold our laws and detain illegal aliens, including criminals.

ICE funding supports nearly 5,000 additional beds to detain illegal aliens and keep criminals off our streets.

Customs and Border Protection will receive funding for 600 additional officers.

This bill will help keep deadly drugs out of our communities by increasing drug detection at ports of entry, including opioid detection staffing, labs, and equipment.

A PROMISE TO ACT: President Trump is taking Executive action to ensure we stop the national security and humanitarian crisis at our Southern Border.

President Trump is using his legal authority to take Executive action to secure additional resources, just as he promised. In part, he is declaring a national emergency that makes available additional troops and funding for military construction.

Including funding in Homeland Security appropriations, the Administration has so far identified up to $8.1 billion that will be available to build the border wall once a national emergency is declared and additional funds have been reprogrammed, including:

About $601 million from the Treasury Forfeiture Fund

Up to $2.5 billion under the Department of Defense funds transferred for Support for Counterdrug Activities (Title 10 United States Code, section 284)

Up to $3.6 billion reallocated from Department of Defense military construction projects under the President’s declaration of a national emergency (Title 10 United States Code, section 2808)

These funding sources will be used sequentially and as needed.

The Department of Homeland Security, Department of Defense, and the Army Corps of Engineers are working to create a prioritized list of segments and a work plan for the remainder of FY 2019 and beyond.

New projects could include: new levee wall, new and replacement primary pedestrian barrier, new vehicle-to-pedestrian barrier, and new secondary barrier.

NATIONAL EMERGENCY ON OUR BORDER: The President is using his clear authority to declare a national emergency as allowed under the National Emergencies Act.

Since 1976, presidents have declared nearly 60 national emergencies.

Most of the previously declared national emergencies have been continually renewed and are still in effect, after being continually renewed.

Multiple Governors have declared states of emergency along the border in the past.

Former Arizona Governor Janet Napolitano, who became President Obama’s DHS Secretary, declared a state of emergency along the border in 2005.

Former New Mexico Governor Bill Richardson also declared a state of emergency at the border in 2005.

Former President George W. Bush and former President Obama both directed the use of the military to assist DHS in securing and managing the Southern Border.

Former President Bush declared a national emergency in 2001, which invoked reprogramming authority granted by Title 10 United States Code, section 2808, and both he and former President Obama used that authority a total of 18 times to fund projects between 2001 and 2014.

ADDRESSING THE CRISIS AT HAND: President Trump is taking the necessary steps to address the crisis at our Southern Border and stop crime and drugs from flooding into our Nation.

Cartels, traffickers, and gangs, like the vile MS-13 gang, have taken advantage of our weak borders for their own gain.

Immigration officers have made 266,000 arrests of criminal aliens in the last two fiscal years.

This includes aliens charged or convicted of approximately 100,000 assaults, 30,000 sex crimes, and 4,000 killings.

Tons of deadly drugs have flooded across the border and into our communities, taking countless American lives.

Methamphetamine, heroin, cocaine, and fentanyl all flow across our Southern Border and destroy our communities.

More than 70,000 Americans died of drug overdoses in 2017 alone.

Human traffickers exploit our borders to traffic young girls and women into our country and sell them into prostitution and slavery.

Massive caravans of migrants view our unsecure border as a way to gain illegal entry into our country and take advantage of our nonsensical immigration loopholes.