Senate OKs border deal; Trump will sign, declare emergency
On Thursday Senate Majority Leader Mitch McConnell set a hugely important precedent on the relationship between the legislative and executive branches. Wochit, York Dispatch
WASHINGTON —Congress steamed toward lopsided approval of a border security compromise Thursday night that would avert a second painful government shutdown but ignite a major new confrontation — this time over President Donald Trump’s plan to bypass lawmakers and declare a national emergency to siphon billions from other federal coffers for his wall on the Mexican boundary.
Wall money in the bill, about $1.4 billion, is far below the $5.7 billion Trump has insisted he must have. The White House said he’d sign the legislation but then act on his own to get the rest, a move sure to bring immediate efforts in court and elsewhere to block him.
The Senate passed the legislation by 83-16 Thursday with both parties solidly on board. House passage was assured late Thursday night, with Trump’s signature coming on Friday.
Pennsylvania Sen. Bob Casey, a Democrat, voted in favor of the bill.
“This bipartisan agreement will keep the government open and invest in effective border security, instead of funding President Trump’s wall, which security experts say will not work,” he said in a news release. “President Trump’s national emergency declaration is a complete abuse of power. No president can be allowed to spend taxpayer dollars without authorization from Congress.”
Pennsylvania’s Republican senator, Pat Toomey, opposed the bill.
Shutdown averted: Lawmakers exuded relief that the agreement had averted a fresh closure of federal agencies just three weeks after a record-setting 35-day partial shutdown that drew an unambiguous thumbs-down from the public. But in announcing that Trump would sign the accord, White House Press Secretary Sarah Sanders also said he would take “other executive action, including a national emergency,” prompting immediate condemnation from Democrats and threats of legal action from states that might lose federal money.
In an unusual joint statement, House Speaker Nancy Pelosi, D-Calif., and Senate Minority Leader Chuck Schumer, D-N.Y., said such a declaration would be “a lawless act, a gross abuse of the power of the presidency and a desperate attempt to distract” from Trump’s failure to force Mexico to pay for the wall, as he’s repeatedly promised for years.
Pelosi and Schumer also said that “Congress will defend our constitutional authorities.” They declined to say whether that meant lawsuits or votes on resolutions to prevent Trump from unilaterally shifting money to wall-building, with aides saying they would wait to see what he does.
Several Democratic state attorneys general said they would look at legal action to block Trump, and Puerto Rico Gov. Ricardo Rossello told the president on Twitter “we’ll see you in court” if he goes through with the declaration.
Conservative base: Despite widespread opposition in Congress, including from some Republicans, Trump is under pressure to soothe his conservative base and avoid looking like he’s surrendered in his wall battle with Congress.
The bipartisan pact provides enough money to build just 55 miles of barricades in Texas’ Rio Grande Valley — well short of the billions Trump has demanded to construct 200-plus miles as a down payment for an even longer and larger wall.
The uproar over what Trump would do next cast an uncertain shadow over what had been a rare display of bipartisanship in Congress to address the grinding battle between the White House and lawmakers over border security.
The abrupt announcement of Trump’s plans came late in an afternoon of rumblings that the volatile president — who’d strongly hinted he’d sign the agreement but never definitively — was shifting toward rejecting it. That would have infused fresh chaos into a fight both parties are desperate to leave behind, a thought that drove some lawmakers to seek heavenly help.
“Let’s all pray that the president will have wisdom to sign the bill so the government doesn’t shut down,” Sen. Charles Grassley, R-Iowa, said after a chaplain opened Thursday’s Senate session.
Moments before Sanders spoke at the White House, Senate Majority Leader Mitch McConnell took to the Senate floor to announce Trump’s decisions to sign the bill and declare an emergency.
Sen. John Cornyn, R-Texas, who is close to McConnell, told reporters that there were two hours of phone calls between McConnell and the White House before there were assurances that Trump would sign. In a surprising development, McConnell said he would support Trump’s emergency declaration, a turnabout for the Kentucky Republican, who like many lawmakers had until now opposed such action.
Democratic opposition: With many of the Democrats’ liberal base voters adamantly against supporting any of Trump’s aggressive attempts to curb immigration, four declared presidential hopefuls opposed the bill in the Senate: Cory Booker of New Jersey, New York’s Kirsten Gillibrand, Elizabeth Warren of Massachusetts and Kamala Harris of California. Amy Klobuchar of Minnesota voted for it, as did Vermont independent Bernie Sanders, who is expected to join the field soon.
White House aides and congressional Republicans have said that besides an emergency, Trump might assert other authorities that could conceivably put him within reach of billions of dollars. That money could come from funds targeted for military construction, disaster relief and counterdrug efforts.
Congressional aides say there is $21 billion in military construction money that could potentially be used by Trump if he declares a national emergency. But according to the law the money has to be used in support of U.S. armed forces, they say.
The Defense Department has declined to provide any details on available money.
Warnings: Democrats say there is no crisis at the border and Trump is merely sidestepping Congress. And some Republicans warn that future Democratic presidents could use his precedent to force spending on their own priorities such as gun control.
Notably, the word “wall,” the heart of many a chant at Trump campaign events and his rallies as president, is absent from the compromise’s 1,768-page legislative and descriptive language. “Barriers” and “fencing” are the nouns of choice, a victory for Democrats eager to deny Trump even a rhetorical victory.
The agreement, which took bargainers three weeks to strike, would also squeeze funding for Immigration and Customs Enforcement, or ICE, in an attempt to pressure the agency to detain fewer immigrants. To the dismay of Democrats, however, it would still leave an agency many of them consider abusive holding thousands more immigrants than last year.
Provisions like that were prompting some of the most liberal Democrats to vote “no.” Four progressive freshmen including Rep. Alexandria Octavio-Cortez, D-N.Y., said they were opposing the agreement to show “a rejection of the hateful policies, priorities, and rhetoric of the Trump Administration.”
The measure contains money for improved surveillance equipment, more customs agents and humanitarian aid for detained immigrants. The overall bill also provides $330 billion to finance dozens of federal programs for the rest of the year, one-fourth of federal agency budgets.
Trump sparked the last shutdown before Christmas after Democrats snubbed his demand for $5.7 billion for the wall. The closure denied paychecks to 800,000 federal workers, hurt contractors and people reliant on government services and was loathed by the public.
With polls showing the public blamed him and GOP lawmakers, Trump folded on Jan. 25 without getting any of the wall funds. His capitulation was a political fiasco for Republicans and handed Pelosi a victory less than a month after Democrats took over the House and confronted Trump with a formidable rival for power.
Trump has repeatedly vowed Mexico would pay for the wall, a suggestion that country has spurned. His descriptions of the wall’s size have fluctuated, at times saying it would cover 1,000 miles of the 2,000-mile boundary. Previous administrations constructed over 650 miles of barriers.
Associated Press Congressional Correspondent Lisa Mascaro and reporters Padmananda Rama, Lolita Baldor and Matthew Daly contributed.