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 TrumpLincoln Project ad dubs Jared Kushner the 'Secretary of Failure' Pence: Chief Justice Roberts 'has been a disappointment to conservatives' Twitter bans Trump campaign until it deletes tweet with COVID-19 misinformation 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 UdallDemocrats introduce bill to ban chlorpyrifos, other pesticides to protect farmworkers GOP lawmaker says he will oppose any attempts to delay election Trump raises idea of delaying election 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 HeinrichOVERNIGHT ENERGY: 20 states sue over Trump rule limiting states from blocking pipeline projects | House Democrats add 'forever chemicals' provisions to defense bill after spiking big amendment | Lawmakers seek extension for tribes to spend stimulus money Lawmakers seek extension for tribes to spend stimulus money following Treasury delays The Hill's Coronavirus Report: Rep. Rodney Davis says most important thing White House can do on COVID-19 is give consistent messaging; US new cases surpass 50k for first time 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 HarrisTwitter bans Trump campaign until it deletes tweet with COVID-19 misinformation Virginia mayor refuses to resign over controversial Biden, 'Aunt Jemima' post Exclusive: Democrats seek to increase racial diversity of pandemic relief oversight board MORE (D-Calif.) and Cory BookerCory Anthony BookerEx-USAID employee apologizes, denies sending explosive tweets Exclusive: Democrats seek to increase racial diversity of pandemic relief oversight board USAID appointee alleges 'rampant anti-Christian sentiment' at agency 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.