Rep. Lee Zeldin, R-N.Y., said Thursday he agrees with President Donald Trump there is an "emergency" on the Southwest border, but said declaring a national emergency could lead to a prolonged court battle.
"I do believe that this is an emergency, and it's been an issue for a very long time," the congressman told Thursday's "America Talks Live." "This is one that, before President Donald Trump was elected, many of the people who are opposing him on this now have a voting history of taking positions . . . to support money for a physical barrier."
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Zeldin added: "The one thing I would caution, just as far as you know looking a step or two ahead, is if you go the route of the emergency declaration it's going to quickly end up in court. There are federal district court judges that were appointed by President [Bill] Clinton, by President [Barack] Obama. There are circuit court – the ninth circuit comes to mind, where you know you have left-leaning activist judges who are going to very quickly shut it down."
"So, it's gonna be a drawn-out process, probably would have to go to the Supreme Court," he said. "The way that this process should work is Congress doing its job – and this is a new position that Congress is taking, that congressional Democrats are taking, against there being money allocated for physical barriers."