No I really don’t consider that to be an emergency. I think it waters down the meaning and true intention of those emergency powers in my opinion. There are flaws in our immigration system that’s apparent, but using declaration of emergency to begin construction on a wall in order to address an emergency that is said to be happening right now doesn’t really match when it comes to timeline. Immigration hasn’t really changed in the two years Trump has been president. Why is it an emergency now but not two years ago? What is the catalyst now that warrants emergency powers versus then? I’m not opposed to fixing our immigration system, but I do question and have my doubts about the current underlying politics of the current dilemma.
legally, a national emergency is anything the President says is a national emergency. Although presidents have been declaring national emergencies since the beginning of the republic, in the late 1970's Congress passed laws defining what the President's powers to declare an emergency was and exactly what powers he could subsequently exercise. The first president to declare a national emergency under these new laws was Jimmy Carter when he wanted to seize Iranian assets in the US without seeking permission from Congress.
Congress recognized there might be times when Congress was unable to act effectively on certain issues and the President must take action on his own, and this has been done over 500 times since the beginning of the republic and 58 times since the new laws were passed in the 1970's; 31 of these states of emergency are still in effect, and President Trump has declared states of emergency 3 times already.
President Trump regarded immigration reform as an urgent matter from day one of his administration, and he tried from day one to negotiate the issue with the Democrats, but they refused. Since the Democrats were determined to block any legislation that would advance the President's reform agenda, he would have needed sixty votes in the Senate to get the funding passed, and while he had majorities in favor of it in both houses of Congress, he never had sixty votes in the Senate. Nonetheless, he continued to try to reason with the Democrats right up until the Democrats won the House and made any kind of political compromise impossible. It is the gridlock the Democrats in the House have created in Congress that is the emergency that makes the invocation of emergency powers necessary since it makes it impossible for Congress to act effectively on this issue.