By Rebecca Ballhaus and Kristina Peterson
WASHINGTON -- President Trump declared a national emergency to
bolster his border-wall plans, supplementing the barrier funding
contained in a spending bill he plans to sign with billions in
additional funds diverted from elsewhere in the government.
The moves -- designed to pull together $8 billion in funding for
border barriers -- stave off a second government shutdown but have
ignited a new battle over the legality of his border-spending
ambitions.
Speaking in the Rose Garden, Mr. Trump said a border wall was
key to national security. "We're talking about an invasion of our
country," he said.
The House approved the spending bill late Thursday, hours after
its passage in the Senate, sending the legislation to the
president's desk. Mr. Trump planned to sign the bill after his
remarks.
The $333 billion package of seven spending bills includes $1.38
billion in funding for 55 new miles of physical barriers -- far
less than the $5.7 billion Mr. Trump had asked for to fund 234
miles of new barriers.
The president's push for $5.7 billion in border-wall funding led
to the five-week government shutdown, the longest in U.S. history,
that ended last month.
Mr. Trump, in lengthy remarks on the courts system, said he
expected to be sued over his emergency declaration. "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.
He also suggested he didn't need the full $8 billion his
administration is seeking to build the wall. "So we have a chance
of getting close to $8 billion," he said. "Whether it's $8 billion,
$2 billion or $1.5 billion, it's going to build a lot of wall."
Mr. Trump voiced frustration with the resistance to funding a
border wall and sought to play down the drama of his declaration,
noting that emergency declarations had been put in place before. He
added: "There's rarely been a problem. They sign it, nobody cares."
Previous presidents have signed emergency declarations, but not to
fund initiatives that Congress declined to fund.
In addition to the wall funds in the spending bill, White House
acting chief of staff Mick Mulvaney said Friday that the president
will seek to divert about $6.7 billion from elsewhere in the
government to build 234 miles of steel bollard wall -- a move that
is certain to invite court challenges. Mr. Mulvaney said the
president was taking executive action because Congress had proved
"simply incapable" of allowing the level of wall funding Mr. Trump
had demanded.
Included in that will be $2.5 billion that Mr. Trump will divert
from the Department of Defense's counter-drug efforts, $600 million
from the Treasury Forfeiture Fund and $3.6 billion from military
construction efforts, Mr. Mulvaney said. The latter bucket of funds
can only be accessed through an emergency declaration.
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."
Senate Majority Leader Mitch McConnell (R., Ky.), who spoke with
the president Thursday, said he would support his declaration. But
the plan was met with swift criticism from other lawmakers in both
parties. Democrats said they would challenge any efforts to move
money around without congressional approval, including possibly
filing a lawsuit.
Rep. Jerrold Nadler (D., N.Y.), chairman of the House Judiciary
Committee, 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 criticized the president's plan,
saying it undermined Congress and set a dangerous precedent if
future Democratic presidents sought to declare emergencies over
their priorities, such as climate change.
"I don't think that this is a matter that should be declared a
national emergency," Sen. Lisa Murkowski (R., Alaska) said.
Hundreds of people or organizations -- including advocacy groups
like the American Civil Liberties Union and landowners along the
Mexican border -- could also potentially claim harm from the
emergency declaration, allowing them to sue. If funds were diverted
from civil-engineering programs intended to protect against floods
or wildfires, for instance, states and local governments that stand
to benefit from those projects potentially could challenge the
reappropriation as unlawful.
Federal law doesn't define an emergency. The first formal
emergency proclamation was issued by President Wilson in 1917,
limiting the transfer of U.S.-owned ships to foreigners during
World War I, according to a report by the Congressional Research
Service.
There are currently 30 national emergencies in effect, according
to the service, including those related to the Sept. 11, 2001,
terrorist attacks and the Iraq war. President George W. Bush
declared 13 national emergencies, and President Obama declared
12.
In the 1970s, Congress became worried about the expansion of
power and passed the National Emergencies Act, a bipartisan measure
that placed limits on presidential discretion. Among other
provisions, it allows Congress to terminate an emergency
declaration, and it automatically ends an emergency after 180 days
unless the president renews it.
Funding for many government agencies was set to expire at 12:01
a.m. Saturday unless Congress passed the spending legislation and
Mr. Trump signed it into law. The seven-bill package would fund the
government for the rest of the fiscal year, which runs through
September.
The congressional spending package restricts where the
administration can build, ruling out several federal areas
including the Santa Ana National Wildlife Refuge and National
Butterfly Center, where the government would face fewer legal
challenges to building than it would on private land, but where
local opposition is still steep. A senior administration official
said Friday that the White House considers the congressional
restrictions only to apply to the $1.375 billion appropriated in
that spending package, and that the other $6.625 billion could be
used without those restrictions.
Top administration officials haven't said where they want to
locate the 234 miles of new barriers, how they have arrived at that
number, or whether the miles would extend the length of the wall by
adding barriers where there are none currently or reinforce
existing barriers. About 654 miles of the current border have some
kind of physical barrier, though only about 78% of that barrier was
considered to be modern, effective designs ahead of Mr. Trump
taking office.
Much of the rest of the border has natural barriers, and in the
past Mr. Trump has said that only about 700 miles of barriers might
be needed to secure the border. On Friday, the administration
declined to describe the plans for the wall in any detail.
Write to Rebecca Ballhaus at Rebecca.Ballhaus@wsj.com and
Kristina Peterson at kristina.peterson@wsj.com
(END) Dow Jones Newswires
February 15, 2019 12:52 ET (17:52 GMT)
Copyright (c) 2019 Dow Jones & Company, Inc.