I think by declaring a National Emergency the President can legally override both the Congress and the Courts. Pretty sure it is within his powers.
But it is a National Emergency... When they invade in mass groups by the thousands it is definitely a threat to our Nation. Just the “idea” is a threat alone.
Well it’s like Scott Adams said, when we lose 35K Americans to fentanyl overdose every year, and 99% of it comes from China, when we lose 72K per year total to drug overdoses, when do we call it war?
72k is more than we lost in the Vietnam war!