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Trump’s executive stimulus order: When they start, they’re legal, what you should know



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The president made good on his threat to intervene in ongoing stimulus package negotiations this weekend and issued measures to cover four key interests.

Sarah Tew / CNET

Follows failure of Democrats and Republicans to agree on another COVID-19 stimulus package Last Friday’s self-imposed deadline, President Donald Trump signed an executive order and issued three memoranda on Saturday during a highly politicized press conference. Trump went on to say that he would provide financial relief during the current one recession caused by coronavirus. However, the executive measures may face legal challenges and have already been heavily criticized by Democratic negotiators.

“Today’s meager announcements from the President show that President Trump still does not understand how serious or urgent the health and economic crises facing working families are,” House Speaker Nancy Pelosi and Senate Minority Leader Chuck Schumer, the top Democrats, said in a joint statement. . “We are disappointed that instead of working to solve Americans’ problems, the President chose to stay on his luxury golf course to announce unworkable, weak and narrow policy ads to lower the unemployment benefits that millions desperately need and endanger older” Social Security and Medicine. “

The notes include deferral of payroll tax, which extends improved unemployment benefits (while lowering them from $ 600 to $ 400) and helping with student loans. The federal government would pay 75% of the enhanced unemployment benefit, with state governments taking care of the other 25%, Trump said. He also signed an executive order extending a moratorium on drafts.

The Republican-proposed HEALS law did not allow negotiators to find common ground on many of the same issues that Trump addressed in his executive measure, including the improved unemployment benefits, the extension of the draft moratorium and the amount of state and local government assistance.

Here’s everything we know about Trump’s orders.

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The executive orders are not a clear deal yet.

Sarah Tew / CNET

What Trump’s order includes

The four executive actions include:

So far, it is unclear when the $ 400 salary payment will take effect, if it will be applied retroactively to July 24, the date the $ 600 benefit expired. under the CARES Act, or if it will face legal challenges that may delay or track it.

Will Trump’s executive action automatically become law?

It may seem that the executive order of the president is the last word – because the documents are not subject to congressional approval – but it is more complicated than that. The constitution gives Congress control over federal spending, so Trump does not have the legal authority to issue binding executive orders on how money is to be used during the coronavirus pandemic.

Memoranda differs from executive orders in some ways, including that they do not require the Office of Management and Budget to issue a budgetary impact.

In some circumstances, an executive order may act as a federal law, but Congress may pass a new law to override the executive order. However, the new law would be subject to a presidential election veto. This happened in 2019 when Trump declared a national emergency at the Mexican border to fund the wall.

Because Trump is unilaterally trying to use remaining or unused FEMA funds to pay unemployment benefits, it is possible that his order could meet legal challenges – and it could further slow down the passage of a stimulus package.

Asked if he was concerned about the legality of an executive action during a news conference Friday, the president said, “No, not at all … yes, you’re always right. Everything you do, you’re right.”

Trump’s deferral of the payment tax can also be questioned. During Saturday’s press conference, Trump said that if he is re-elected in November, he will find a way to cancel the payroll tax.

An additional complication here is the role that payroll tax plays in financing other aspects of the economy – including social security and Medicare – as many have pointed out.

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Talks about the stimulus package are not necessarily over.

Sarah Tew / CNET

How would an executive order differ from legislation?

So far, the executive measures that Trump has signed will only cover the four topics above, rather than the vast scope of either Democrats ‘or Republicans’ stimulus proposals. Democrats have said an executive order will not go far enough.

“[An executive order] will leave most people out, will not cover the wide space for what is needed, will be fair in court and cumbersome and difficult to implement, “Schumer told reporters Thursday. It is not a good choice at all. And [Republicans] admitted that in the room. They said, ‘It’s not a good choice.’ “

On Saturday, however, Senate Majority Leader Mitch McConnell said: “I support President Trump, who is exploring his options for unemployment benefits and other relief for the people who need them most.”

Democrats worry that an executive order will only be a temporary fix. For example, according to analysts, a abolition of the payroll tax only means a larger payment for the workers in a few months. Schumer said Democrats were concerned about evaluations and deferral of loans.

In their joint statement issued on Saturday, Schumer and Pelosi also criticized the narrow focus on Trump’s action. “Not only does the president’s announcement not actually extend the moratorium on deportation, it provides no support for paying the rent, which will only leave desperate families to see their debt high higher.”

They reiterated their call on Democrats and Republicans to continue negotiations and agree on a more comprehensive solution.

For more information, we have looked at how soon you can get your second stimulus check and compared the suggestions for HJÄLL, CARES and Heroes.




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