You are right and I don't think that the Courts aren't going to touch this. This is way outside their lane. Certainly, some numbnuts district court judge may try to do it, but the Circuit Courts and the SCOTUS will quickly put a stop to it. Quickly being the operative word.
Some people think that the a lower court will stop Trump’s National Declaration of an Emergency. The Supreme Court will likely rule that Congress with a 2/3 majority of both houses can stop the Declaration. If the Democrats try to stop this before even a vote is held, the Trump administration will easily argue that a vote must take place before they can sue.