Thread by @LizaGoitein

Trump says he’s going to use emergency powers—specifically, the International Emergency Economic Powers Act (IEEPA)—to impose tariffs on products imported from Mexico. Once again, he is flagrantly abusing emergency powers. 1/8 bbc.com/news/world-us-…

To invoke IEEPA, Trump will have to issue an executive order declaring a national emergency, and further declaring illegal immigration to be “an usual and extraordinary threat” to “the national security, foreign policy, or economy of the United States.” 2/8

While the president’s response to immigration is “unusual and extraordinary,” current levels of illegal immigration are anything but. And there's zero evidence that illegal immigration is endangering national security, foreign policy, or the economy. 3/8
nytimes.com/interactive/20…

Moreover, even though IEEPA has been used more frequently than any other emergency power, no president has ever previously used IEEPA to impose tariffs on imports from another nation. The administration would be stretching the law to address a non-existent emergency. 4/8

Unfortunately, presidents *have* treated IEEPA differently from other emergency powers, using it to advance foreign policy goals whether or not there's a real emergency (as I testified in February). That will make it harder to challenge Trump’s action. 5/8 brennancenter.org/analysis/testi…

And IEEPA itself gives the president tremendous discretion to impose crippling economic penalties--on Americans as well as foreigners--simply by uttering the magic words “unusual and extraordinary threat.” 6/8

Trump bears full responsibility for abusing Congress’s trust. But Congress must learn its own lesson: giving presidents such massive powers with so few constraints is a BAD IDEA. 7/8

I am more convinced than ever that Congress should amend the National Emergencies Act to place meaningful checks and balances on the president’s use of emergency powers--including IEEPA. 8/8 brennancenter.org/blog/congress-…