Senate rejects border declaration in major rebuke of Trump

The Senate voted on Thursday to nix President TrumpDonald John TrumpTed Cruz knocks New York Times for 'stunning' correction on Kavanaugh report US service member killed in Afghanistan Pro-Trump website edited British reality star's picture to show him wearing Trump hat MORE’s national emergency declaration to construct the U.S.-Mexico border wall, setting up the first veto battle with his White House.

Senators voted 59-41 to pass the resolution of disapproval blocking Trump’s declaration. Underscoring the broad base of concern over Trump’s actions within the Republican caucus, 12 GOP senators broke rank and voted with all the Democrats.

The measure passed the House last month, 245-182.

The resolution now heads to Trump’s desk, where he is expected to use the first veto of his presidency to defeat it. Neither chamber has the votes to override the president, who tweeted shortly after the vote was closed:

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Trump made an eleventh hour plea to Republican senators, reiterating his pledge to veto the resolution and signaling he could be open to future changes to his emergency powers, and even accusing Republicans who voted "yes" of standing with House Speaker Nancy PelosiNancy PelosiThe Hill's Morning Report - Trump takes 2020 roadshow to New Mexico This week: House jump-starts effort to prevent shutdown Schumer, Pelosi push Trump to back universal background check bill MORE (D-Calif.).

“Prominent legal scholars agree that our actions to address the National Emergency at the Southern Border and to protect the American people are both CONSTITUTIONAL and EXPRESSLY authorized by Congress....” Trump said in a string of tweets.

But that argument failed to squash the momentum behind the resolution, which garnered support from various factions of the GOP caucus, including moderates, members of leadership and libertarian-leaning senators. 

Sen. John CornynJohn CornynSenators struggle to get spending bills off ground as shutdown looms The 13 Republicans needed to pass gun-control legislation The Hill's Morning Report — Biden steadies in third debate as top tier remains the same MORE (R-Texas), who supported Trump in the vote, argued that the president should view the fight as a victory, because his veto will ultimately be sustained. 

"The House is going to sustain his veto, so I think he ought to accept that as a win," Cornyn said asked about the potential fallout between the president and GOP senators. 

But the vote marks a significant setback for Trump, who has made his pledge to build the wall a focal point of his presidency. And it’s the second rebuke for Trump in as many days after the Senate broke with him on support for Saudi Arabia on Wednesday.

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Republicans have been wary of breaking with Trump on border security but raised significant concerns about separation of powers questions sparked by his emergency declaration. GOP supporters of the resolution, such as Maine Sen. Susan CollinsSusan Margaret CollinsThe Hill's Morning Report - Trump takes 2020 roadshow to New Mexico The 13 Republicans needed to pass gun-control legislation Congress passes bill to begin scenic byways renaissance MORE, cast their vote not as a rebuke of Trump’s border wall but instead over a constitutional question about Congress’s role in funding the government.

“That is why this issue is not about strengthening our border security, a goal that I support and have voted to advance. ... It is a solemn occasion involving whether or not this body will stand up for its institutional prerogatives and will support the separation of powers enshrined in our Constitution,” Collins said. “We must stand up and defend Congress’s institutional powers as the Framers intended that we would. Even when doing so is inconvenient or goes against the outcome that we might prefer.”

Collins said separately that while she had talked to White House staff, she had not spoken directly to Trump about her vote. She added that she expected he would not "be happy" but that she was "letting the chips fall." 

"But I'm a United States senator and I feel my job is to stand up for the Constitution." 

Sen. Lamar AlexanderAndrew (Lamar) Lamar Alexander The 13 Republicans needed to pass gun-control legislation Liberal group urges Senate panel to vote against Scalia as Labor secretary Suburban anxiety drives GOP on guns MORE (R-Tenn.), who is retiring at the end of the current Congress, argued that a vote against the emergency declaration was a “check on the executive [that] is a crucial source of our freedom.”

In addition to Alexander and Collins, GOP Sens. Mike LeeMichael (Mike) Shumway LeeExclusive: Kushner tells GOP it needs to unify behind immigration plan Manufacturing group leads coalition to urge Congress to reauthorize Ex-Im Bank Overnight Defense: GOP grumbles after Trump delays military projects for wall | House panel hints at subpoena for Afghanistan envoy | Kabul bombing raises doubts about Taliban talks MORE (Utah), Lisa MurkowskiLisa Ann Murkowski The 13 Republicans needed to pass gun-control legislation Overnight Energy: Trump administration to repeal waterway protections| House votes to block drilling in Arctic refuge| Administration takes key step to open Alaskan refuge to drilling by end of year Overnight Health Care: Juul's lobbying efforts fall short as Trump moves to ban flavored e-cigarettes | Facebook removes fact check from anti-abortion video after criticism | Poll: Most Democrats want presidential candidate who would build on ObamaCare MORE (Alaska), Roy BluntRoy Dean BluntGOP group's ad calls on Graham to push for election security: 'Are you still trying?' Exclusive: Kushner tells GOP it needs to unify behind immigration plan The Hill's Morning Report - Can Trump save GOP in North Carolina special election? MORE (Mo.), Rand PaulRandal (Rand) Howard PaulRand Paul: Almost every mass shooter 'is sending off signals' Liz Cheney says world is more stable, 'safer' under Trump Sunday shows preview: Democratic candidates make the rounds after debate MORE (Ky.), Pat ToomeyPatrick (Pat) Joseph ToomeyNSA improperly collected US phone records in October, new documents show Overnight Defense: Pick for South Korean envoy splits with Trump on nuclear threat | McCain blasts move to suspend Korean military exercises | White House defends Trump salute of North Korean general WH backpedals on Trump's 'due process' remark on guns MORE (Pa.), Rob PortmanRobert (Rob) Jones PortmanThe Hill's Morning Report - Trump takes 2020 roadshow to New Mexico The 13 Republicans needed to pass gun-control legislation Hillicon Valley: Google to promote original reporting | Senators demand answers from Amazon on worker treatment | Lawmakers weigh response to ransomware attacks MORE (Ohio), Jerry MoranGerald (Jerry) MoranPompeo pressed on possible Senate run by Kansas media Jerry Moran: 'I wouldn't be surprised' if Pompeo ran for Senate in Kansas Senators introduce bill aimed at protecting Olympic athletes in response to abuse scandals MORE (Kan.), Marco RubioMarco Antonio Rubio The 13 Republicans needed to pass gun-control legislation GOP group's ad calls on Graham to push for election security: 'Are you still trying?' Former Massachusetts Gov. Deval Patrick joins CBS News as contributor MORE (Fla.), Roger WickerRoger Frederick Wicker The 13 Republicans needed to pass gun-control legislation GOP lawmaker: 'Dangerous' abuse of Interpol by Russia, China, Venezuela Suburban anxiety drives GOP on guns MORE (Miss.) and Mitt RomneyWillard (Mitt) Mitt RomneyThe Hill's Morning Report - Trump takes 2020 roadshow to New Mexico The 13 Republicans needed to pass gun-control legislation Bolton returns to political group after exiting administration MORE (Utah) voted for the resolution blocking Trump’s emergency declaration.

"I don't think everything is measured in this building based upon how they think it reflects on the White House," Romney told reporters shortly before the vote. 

There were some last-minute surprises. Sen. Thom TillisThomas (Thom) Roland Tillis The 13 Republicans needed to pass gun-control legislation Bolton returns to political group after exiting administration Tillis places big ad buy as he faces wealthy GOP challenger MORE (R-N.C.), who had said he would vote for the resolution blocking Trump, announced moments before the vote started that he was changing his mind. 

“We have to recognize that we have a crisis at the border, 76,000 people crossing illegally in February alone. We have narcotics flooding our country, poisoning our children and adults of all ages,” he said from the Senate floor. 

Sen. Cory GardnerCory Scott Gardner The 13 Republicans needed to pass gun-control legislation Bolton returns to political group after exiting administration The Hill's Morning Report — Trump's hurricane forecast controversy won't go away MORE (R-Colo.), a top 2020 target for Democrats, supported Trump, while Blunt, a member of GOP leadership, did not. 

Republicans went down to the wire as they scrambled to find an off ramp to the showdown with Trump, who remains popular with the party’s base.

Several last-minute attempts — ranging from an alternative GOP proposal to killing the resolution of disapproval in exchange for future checks on emergency powers — fell flat. Though Alexander and Sen. Ted CruzRafael (Ted) Edward CruzTed Cruz knocks New York Times for 'stunning' correction on Kavanaugh report 2020 Democrats call for Kavanaugh to be impeached Warren: Kavanaugh 'should be impeached' just like Trump MORE (R-Texas) were still shopping their alternative proposal a day before the vote, leadership locked in a deal to avoid amendments, ensuring the House-passed bill would be what the Senate voted on.

Sen. John KennedyJohn Neely KennedyMORE (R-La.), emerging from a closed-door lunch Wednesday, signaled that Republicans were running out of options, telling reporters, “Everybody knows how they’re going to vote. I don’t think the president’s going to win this one.”

But underscoring the level of concern among Republicans, a group of GOP senators, including Sen. Lindsey GrahamLindsey Olin GrahamThe Hill's Morning Report - Trump takes 2020 roadshow to New Mexico Bolton exit provokes questions about Trump shift on Iran The 13 Republicans needed to pass gun-control legislation MORE (S.C.), went to the White House on Wednesday night and tried to pitch Trump, unsuccessfully, on an escape hatch that would let them avoid handing him an embarrassing defeat over the border wall.

Graham told reporters that when Trump asked him if his veto would be sustained, "I said yeah overwhelmingly." 

"I said, 'let's sit down, look at this one point of money see if we can find a way forward in October,' but he feels like his commitment to build the wall was moving forward," Graham said. 

Republicans were crucially able to keep the number of "yes" votes below 67, the number needed to override a veto. Though a challenge to Trump’s veto is expected to die in the House, having roughly 20 GOP senators break with the president would have set up an embarrassing setback that would spark new questions about his hold on the caucus.

Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellThe Hill's 12:30 Report: NY Times story sparks new firestorm over Kavanaugh Senator asked FBI to follow up on new information about Kavanaugh last year Congress must reinstate assault weapons ban MORE (R-Ky.) has made no secret of the fact that Trump’s emergency declaration has sparked fierce, lengthy discussions within the caucus. But he urged his caucus to support Trump, arguing that there was a “border security and humanitarian crisis on the southern border.”

“It’s no secret I take the Senate as an institution extremely seriously. I take the separation of powers extremely seriously. And I take Congress’s prerogative over appropriations extremely seriously. But — as I argued yesterday in the context of the Yemen resolution — the Senate should not be in the business of misusing specific resolutions to express opinions on more general matters,” McConnell said.

Sen. Tom CottonThomas (Tom) Bryant Cotton2020 Democrats raise alarm about China's intellectual property theft Bolton returns to political group after exiting administration Meadows, Cotton introduce bill to prevent district judges from blocking federal policy changes MORE (R-Ark.), a close ally of Trump’s, also knocked Democrats for their “howls of outrage” against the White House.

“We have reached a moment of crisis, but it’s not a constitutional crisis. It’s a crisis at the border, a crisis of American sovereignty. When hundreds of thousands of foreigners arrive at the southern border and demand entry, that’s not migration. That's an emergency,” he said.

But Trump’s allies were unable to sway enough Republicans. Only four GOP "yes" votes were needed with all 47 Democrats voting for the resolution. Democrats, speaking from the floor ahead of the vote, characterized it as one of the most consequential they have taken and urged GOP senators to buck Trump.

Senate Minority Leader Charles SchumerCharles (Chuck) Ellis SchumerSchumer, Pelosi push Trump to back universal background check bill Sinema says she would back Kennedy in race against Markey Democrats threaten to withhold defense votes over wall MORE (D-N.Y.) said Thursday's vote could be “more difficult” for Republicans given Trump’s penchant for “threatening, bullying or publicly castigating members of his own party.”

“But I would say to them, I would say to every Republican: There are times when loyalty to America, to our Constitution, to our principles, to what has made this country great should lead members to rise above, rise to the occasion,” he said. “I hope, I pray this moment is one of those times.”

—Updated at 3:20 p.m.