Something about a state of emergency means that he can do whatever he wants..? except maybe going after his own, you never eat your own anyways..
Sec. 13. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
We're always in a state of emergency and have been since the Civil War. They just come up with new reasons to extend it every so often.