El Paso County, BNHR will take on President Trump

EL PASO, Texas (CBS4) —
Senior U.S. Judge David Briones will be hearing oral arguments in the preliminary hearing of El Paso County versus President Trump.

El Paso County and the Border Network for Human Rights (BNHR) are suing President Donald Trump after he declared a national emergency at the southern border; arguing that declaring the emergency violates the laws of Congress.

In the county's and BNHR's complaint with the court, they argue the Constitution grants Congress the exclusive power to decide how the government spends money, not the President.

The complaint also states that by declaring the national emergency, the Proclamation also violates long-standing laws prohibiting the military from engaging in domestic activity that Congress has not authorized.

The county and BNHR also argue that the President's proclamation of a national emergency at the border laid claim to $6.7 billion that Congress did not authorize.

At a press conference back in February, founder and executive director of the BNHR, Fernando Garcia, said, "the declaration of a state of emergency at the border would further damage what has already been done in our community. It’s going to increase intimidation, fear within our border communities".

Garcia also said the declaration would not only discourage people form coming to El Paso, but could also disrupt those who already live here.

El Paso County commissioner David Stout also voiced concerns over the national emergency setting a precedent for future presidents to navigate around Congress.

El Paso County and the BNHR are receiving help from two nonprofit organizations, Protect Democracy and the Niskanen Center, which are using their resources so that the cost does not land on El Paso taxpayers.

The hearing will be held at the El Paso Federal Courthouse at 525 Magoffin Avenue at 10:30 a.m.

El Paso County says because this is pending litigation, their office will not be making any public statements about the case.