say they will not agree to this, any path the president can take that doesn't end up as a fight in the courts or just like the travel ban? >> it is similar to the travel ban. when the president declares an emergency, the courts look at donald trump's reasoning behind that travel ban. and the supreme court regardless of who is president following decades of presidential jurisprudence that don't second-guess the president on national security issues, if the president declares emergency i would be surprised if courts, the supreme court second-guessed his determination that ends the immigration issue on the southern border. heather: would they begin work on the wall when that was happening? >> we would try to get an injunction like the travel ban.