A judge has no authority to rule on actions taken under declarations of emergency. A declaration of emergency is stepping outside the law to deal with an immediate emergency. The only constitutional remedy for a president who uses the power wrongfully is that congress can over-ride his declaration.
He needs to ignore this one judge.
This ruling was not about the Emergency Declaration, it was about the “Wait in Mexico” Policy, where third country nationals who passed through Mexico to claim asylum in the USA, are sent back to Mexico to wait for their court date, rather than being released into the USA.
There are at least three other lawsuits against re-programming money under the Emergency Declaration to build wall - the House of Representatives, a group of State AGs, and the ACLU. None of them have gotten a judgement yet.
No doubt they have shopped for politically reliable hack judge, and are just waiting for the last minute for a judgement, right before the money is ready to actually start spending (reprogrammed), to leave as little time for an appeal as they can.
It is all just a delaying/harassment tactic - the law is crystal clear that the President is authorized to declare an emergency, and to use Military Construction funds to build things to address that emergency.
“A judge has no authority to rule on actions taken under declarations of emergency.”
That is DOJ’s announced position as well.
Let’s see if Democrats are clueless enough to try to impeach the President for trying to secure the border, going into the election.
That is the kind of fight you want to have - it is about the best issue for Republicans. Better than two to one support strong borders.