Senate Dems introduce bill to block Trump from using military funds to build wall

Senate Democrats introduced legislation on Monday to prevent President TrumpDonald John TrumpMarine unit in Florida reportedly pushing to hold annual ball at Trump property Giuliani clashes with CNN's Cuomo, calls him a 'sellout' and the 'enemy' Giuliani says 'of course' he asked Ukraine to look into Biden seconds after denying it MORE from using military and disaster relief funds to construct the U.S.-Mexico border wall should he declare a national emergency.

The legislation would prevent Trump from using funding from the U.S. Army Corps of Engineers civil works funds and military construction funding "for the construction of barriers, land acquisition, or any other associated activities on the southern border without specific statutory authorization from Congress" if he declared a national emergency.

Sen. Tom UdallThomas (Tom) Stewart UdallOvernight Energy: Trump to revoke California's tailpipe waiver | Democrats propose bill to revoke Trump endangered species rollback | Trump officials finalize rule allowing fewer inspectors at pork plants Here are the lawmakers who aren't seeking reelection in 2020 Democrats propose bill to revoke Trump endangered species rollback MORE (D-N.M.) said that while an emergency declaration to construct the U.S.-Mexico border wall would be challenged in court, "Congress should not wait for the courts to act."

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"We must stand up and assert our role as a co-equal branch of government, and we must prevent the president from going around Congress to raid critical funds … for a politically-motivated, unjustified national emergency declaration that isn’t based in reality," he said.

Sen. Martin HeinrichMartin Trevor HeinrichSenate panel advances Trump's nominees to lead Air Force, Army Overnight Defense: Dems grill Trump Army, Air Force picks | House chair subpoenas Trump Afghanistan negotiator | Trump officials release military aid to Ukraine Democrats grill Army, Air Force nominees on military funding for border wall MORE (D-N.M.) added that the bill would "prevent funds designated for critical military construction and disaster response" from being used to build the wall in the event Trump declares a national emergency.

Democrats estimate that approximately $35 billion from the fiscal 2018 funding cycle is "subject to raiding"—being repurposed for constructing the border wall — including money for disaster relief and military construction projects.

More than a dozen Democrats, including Udall and Heinrich, introduced the Restrictions Against Illegitimate Declarations for Emergency Re-appropriations Act. Among the RAIDER Act's supporters are Sens. Kamala HarrisKamala Devi HarrisTwo former Congressional Black Caucus chairmen back Biden Strippers, 'Hustlers' and the Democratic debates 2020 Dems honor Emily Clyburn MORE (D-Calif.) and Cory BookerCory Anthony BookerOvernight Energy: Trump officials formally revoke California emissions waiver | EPA's Wheeler dodges questions about targeting San Francisco over homelessness | 2020 Dems duke it out at second climate forum Two former Congressional Black Caucus chairmen back Biden Strippers, 'Hustlers' and the Democratic debates MORE (D-N.J.), who are both running for the party's 2020 nomination.

Trump has kept the option of declaring a national emergency to construct the wall on the table despite pushback from Congress.

He hinted last week that he could tip his hand during Tuesday night's State of the Union address about his plans, telling reporters to "listen closely."

“I think there’s a good chance we’ll have to do that,” Trump told reporters at the White House on Friday. 

If Trump declared a national emergency, Congress could try to pass a resolution of disapproval to block the action. Lawmakers in both parties have also predicted a lengthy court battle that would almost immediately delay action on the border wall.