WASHINGTON - The U.S. Senate passed a
proposal on Thursday to terminate President Donald Trump's
declaration of an emergency at the southern border, with 12
Republicans defying the president, and Trump vowing a veto.
The 59-41 vote marks the second Senate rebuke of Trump in
two days. Senators on Wednesday approved a resolution seeking to
end U.S. support for the Saudi Arabia-led coalition in the war
in Yemen, rejecting Trump's policy toward the kingdom.
During the first two years of his term, the Republican-led
Congress mostly accommodated Trump, who has not yet used his
veto pen.
With the emergency declaration, Trump was seeking an
alternative way to get billions of dollars for the wall after
Congress declined to give him funding.
Senate Majority Leader Mitch McConnell had urged his fellow
Republicans to defeat the measure, which was passed in February
by Democratic-controlled U.S. House of Representatives.
Trump had tweeted on Thursday that a vote for the resolution
by Republican senators would be vote for Democratic House
Speaker Nancy Pelosi as well as "Crime and the Open Border
Democrats!"
Republicans who defected by supporting the measure to end
the emergency declaration are worried that presidents -
including future Democratic ones - could usurp the power of
Congress to fund the government and use the tactic to pass their
own pet programs.
McConnell, however, said Trump was "operating within
existing law" and that if senators did not like the powers
provided to the president under the National Emergencies Act,
"then they should amend it."
The measure is unlikely to become law since a two-thirds
vote of Congress is needed to override the presidential veto
that Trump has vowed to issue. The dispute could ultimately be
decided by the courts.
At stake are billions of dollars in funding for a wall along
the U.S.-Mexico border that Trump is demanding but Congress has
refused to fully provide. The stalemate led to a 35-day partial
government shutdown that ended in January.
Trump made the wall a keystone of his 2016 presidential
campaign and said Mexico would pay for it.
Under the emergency declaration Trump signed on Feb. 15, he
would take money from other federal programs to build the
barrier, which he says is needed to curb illegal immigration and
drug trafficking.
Even with a veto threat looming, senators and legal experts
said Congress was sending an important message that could be
cited by judges in several lawsuits that have been filed
challenging Trump's emergency declaration.
"It's an important legal statement," said Senator Angus
King, one of two Senate independents. "It tells the court this
is explicitly not approved by Congress By voting this resolution
Congress is reiterating we don't approve of this expenditure."
Peter Shane, a law professor at the Moritz College of Law at
Ohio State University, agreed.
"Congress's vote, even if vetoed, would solidify any court's
understanding that the so-called emergency is really part of an
end-run around a legislative branch that is unconvinced an
emergency exists, that refused to fund the wall, and that is
constitutionally in charge of federal spending," he said.
Vice President Mike Pence met with Republican senators this
week to try to tamp down support for terminating the
declaration. He said Trump would back a second bill offered by
Republican Senator Mike Lee that would end future emergency
declarations after 30 days unless Congress votes to extend them.
Lee said on Wednesday the White House had subsequently made
clear his bill did "not have an immediate path forward."
Democrats deny there is an emergency at the border, saying
border crossings are at a four-decade low.
"Democrats and Republicans both know the sad truth: the
president did not declare an emergency because there is one,"
Senate Democratic Leader Chuck Schumer said on the Senate floor.
"He declared an emergency because he lost in Congress and wants
to get around it."
King expressed frustration that the Department of Defense
has so far refused to provide Congress with the projects it
would have to suspend under Trump's emergency declaration in
order to fund the wall.
"We have a reasonable expectation of knowing what the
universe of potential projects cuts are before we take this
vote," King said in a telephone interview with Reuters shortly
before the vote, adding that Trump is attempting to "undo" $3.6
billion worth of defense projects already approved by Congress.