By Rebecca Ballhaus
WASHINGTON -- President Trump declared a national emergency
Friday over border security, bypassing Congress to divert money
from elsewhere in the government to pay for additional barriers
along the southern border, a move likely to ignite immediate court
challenges.
Mr. Trump also signed a bipartisan spending bill that will keep
the government funded through the fall and allocates $1.38 billion
for 55 miles of border barriers -- far less than the $5.7 billion
the president had asked for.
Unsatisfied with the amount set aside by lawmakers for barriers,
Mr. Trump now plans to also draw roughly $6.7 billion from military
and other sources, without the approval of Congress.
In remarks at the White House, Mr. Trump defended the actions as
critical to national security. "We're talking about an invasion of
our country," he said. At another point, however, he suggested an
emergency declaration wasn't necessary. "I didn't need to do this,
but I'd rather do it much faster," he said
Senate Majority Leader Mitch McConnell (R., Ky.) said he would
support the declaration, but the move was met with opposition from
other lawmakers in both parties, who called it unconstitutional or
unnecessary.
"The Congress will defend our constitutional authorities in the
Congress, in the Courts, and in the public, using every remedy
available," House Speaker Nancy Pelosi (D., Calif.) and Senate
Minority Leader Chuck Schumer (D., N.Y.) said in a joint statement.
"The Congress cannot let the President shred the Constitution."
House Judiciary Committee Chairman Rep. Jerrold Nadler (D.,
N.Y.) said he would support a resolution to terminate an emergency
declaration and that he intends to "pursue all other available
legal options."
Republican lawmakers also were critical, saying the president's
plan undermined Congress and set a dangerous precedent if future
Democratic presidents sought to declare emergencies over their
priorities, such as climate change.
"Declaring a national emergency is unnecessary, unwise and
inconsistent with the U.S. Constitution," Sen. Lamar Alexander (R.,
Tenn.) said Friday. "Our founders chose not to create a chief
executive with the power to tax the people and spend their money
any way he chooses."
Mr. Trump said he anticipated that he would be sued. "We will
possibly get a bad ruling. And then we'll get another bad ruling.
And then we'll end up in the Supreme Court and hopefully we'll get
a fair shake," he said.
Previous presidents have signed dozens of emergency
declarations, including those related to the Sept. 11, 2001,
terrorist attacks and sanctions, but not for initiatives that
Congress declined to fund.
In early signs of a broad legal fight ahead, California and New
York state officials said they were planning legal challenges. The
American Civil Liberties Union also announced that it had filed a
lawsuit against the emergency declaration.
Democratic-led states and border communities said they were
readying lawsuits to halt construction that Congress hadn't
authorized. El Paso County, Texas -- which Mr. Trump visited Monday
to make his case for a border emergency -- said it would join with
nonprofit groups to challenge the president's action.
New Mexico Attorney General Hector Balderas, a Democrat, said a
state lawsuit against the Trump plan likely would focus on the
wall's potential damage to state land-use and environmental
policies in the border region, as well as the possible diversion of
funds from joint federal-state law-enforcement programs targeting
cross-border crime.
"There are going to be multiple environmental and state and
federal ownership issues that still need to be litigated," Mr.
Balderas said.
The spending legislation Mr. Trump signed Friday is a $333
billion package of seven bills. In addition to the $1.38 billion in
wall funds, it includes money for new equipment at ports of entry,
600 new customs officers, opioid-detection equipment and other
technology.
Democrats had offered a similar amount of barrier funding to the
president in December, and he rejected it, leading to the five-week
government shutdown -- the longest in U.S. history -- that ended
last month.
In a largely ad-libbed address Friday, Mr. Trump sought to play
down the drama of his declaration, noting they had been put in
place before. He added: "There's rarely been a problem. They sign
it, nobody cares."
Critics have also questioned Mr. Trump's assertion that border
security is in crisis. The number of people apprehended at the
U.S.-Mexico border -- a figure viewed as an indicator of illegal
entries -- fell to lowest total in 2017 in more than 40 years,
though it then ticked up, according to U.S. Customs and Border
Protection. At the same time, the proportion of apprehensions
involving children and families has surged.
In the 1970s, Congress passed the National Emergencies Act, a
measure that placed limits on presidential discretion and allows
Congress to terminate an emergency declaration.
White House acting chief of staff Mick Mulvaney laid out the
spending plans Friday morning, saying the administration would seek
to divert about $6.7 billion to build 234 miles of steel bollard
wall.
Included in that will be $2.5 billion from the Defense
Department's drug-interdiction efforts, plus $600 million from the
Treasury Forfeiture Fund. Mr. Trump will rely on the powers of his
declaration to tap $3.6 billion from military-construction
efforts.
"We have a chance of getting close to $8 billion," Mr. Trump
said, before then suggesting he didn't need the full amount.
"Whether it's $8 billion, $2 billion or $1.5 billion, it's going to
build a lot of wall," he said.
A senior administration official said the White House was still
reviewing which military-construction projects would be affected by
the emergency declaration and would seek to target projects
repairing facilities that "might be able to wait a couple of months
into next year."
Mr. Trump said Friday that he was targeting projects that
"didn't sound too important to me."
Influential Republicans had urged Mr. Trump not to siphon money
from the military to build the wall. "I am concerned about taking
military funds for any other purpose," said Rep. Mac Thornberry of
Texas, the top Republican on the House Armed Services
Committee.
Top administration officials have never said where they wanted
to locate the 234 miles of border barrier or how they have arrived
at that number. About 654 miles of the current border has some kind
of physical barrier, and much of the rest of the border has natural
barriers.
Democrats said they would challenge any efforts to move money
around without congressional approval, including possibly filing a
lawsuit.
Mr. Trump has previously said that only around 700 miles of
barriers might be needed to secure the border.
Hours after his speech Friday, Mr. Trump formally notified
Congress that he had declared a national emergency at the southern
border. In his proclamation, he declared that the emergency
"requires use of the Armed Forces" and authorized Acting Defense
Secretary Pat Shanahan to call up reservists as well as active duty
forces he deems appropriate to assist the Department of Homeland
Security at the border.
Immigration hawks were divided over the president's moves. "The
only national emergency is that our president is an idiot," Ann
Coulter said on a Los Angeles radio program.
Rep. Matt Gaetz (R., Fla.), an ally of the president, called the
declaration a "less-than-ideal last resort" but said he supported
the decision. "He feels like this is a key moment in his
presidency, and he's right."
--Kristina Peterson, Peter Nicholas, Louise Radnofsky, Jess
Bravin and Andrew Duehren contributed to this article.
Write to Rebecca Ballhaus at Rebecca.Ballhaus@wsj.com
(END) Dow Jones Newswires
February 15, 2019 19:13 ET (00:13 GMT)
Copyright (c) 2019 Dow Jones & Company, Inc.