National Emergency Declaration: Diverting Congress-Rejected Wall Funding
Last updated
Trump had explicitly asked Congress for $5.7 billion for the border wall; Congress appropriated $1.375 billion for fencing, far less than requested. Trump signed the appropriations bill and then simultaneously declared a national emergency to bypass the congressional decision and access Pentagon funds Congress had not authorized for this purpose. He acknowledged the emergency framing was pretextual, saying at the announcement: 'I could do the wall over a longer period of time. I didn't need to do this. But I'd rather do it much faster.' Congress voted to terminate the emergency; Trump vetoed. Courts blocked parts of the diversion; the Supreme Court allowed it to proceed pending litigation.
Overview
After Congress refused to appropriate $5.7 billion for a border wall, Trump declared a national emergency to get the money anyway. He acknowledged at the announcement that the emergency was not actually an emergency.
"I could do the wall over a longer period of time," he said. "I didn't need to do this."
The Pretextual Emergency
The National Emergencies Act was enacted to allow presidents to respond to genuine crises requiring rapid executive action. Its framers anticipated it might be used for situations like natural disasters or national security threats that required action faster than normal appropriations could provide.
Trump used it to override a specific appropriations decision Congress had just made and he had just signed into law. He announced this use of the power while simultaneously acknowledging he didn't actually need to do it.
Courts reviewing the declaration later cited his own words when assessing whether a genuine emergency existed.
The Military Funding
The $3.6 billion came from Pentagon military construction accounts. These were not abstract budget lines — they were projects funded by Congress for specific purposes, including housing for military families at Fort Campbell and school construction at overseas bases where military families live.
The families who would have used Fort Campbell housing did not get it. The funds built border wall sections instead.
The Congressional Response
For the first time since the National Emergencies Act was enacted in 1976, both chambers of Congress voted to terminate a presidential emergency declaration. The Senate vote was 59-41, with 12 Republican senators voting against Trump.
Trump vetoed the resolution. Congress did not override.
Timeline
Sequence of events
December 22, 2018
Longest government shutdown begins
Federal government shuts down after Congress and Trump fail to agree on wall funding. 800,000 federal workers go without pay for 35 days — the longest government shutdown in U.S. history.
January 25, 2019
Shutdown ends — Trump signs without wall funding
Trump signs a continuing resolution to reopen the government without the $5.7 billion he demanded, framing it as a temporary measure while wall funding is negotiated.
February 15, 2019
Trump signs appropriations bill and declares emergency simultaneously
Trump signs the appropriations bill containing $1.375 billion for fencing — less than a quarter of what he demanded — and simultaneously declares a national emergency to access an additional $3.6 billion from Pentagon funds. He says he 'didn't need to do this.'
March 14, 2019
Senate votes to terminate emergency — Trump vetoes
The Senate votes 59-41 to terminate the national emergency declaration — 12 Republican senators voting against Trump. The House had already passed a similar resolution. Trump vetoes; the veto is not overridden.
September 27, 2019
Supreme Court allows construction to proceed
The Supreme Court rules 5-4 to allow border wall construction funded by the diverted Pentagon money to proceed while lower court litigation continues.
Sources
- ↑ Trump Declares National Emergency to Build Border Wall — The New York Times
- ↑ Trump declares national emergency to build border wall — The Washington Post
- ↑ Trump declares emergency for border wall after Congress refuses funds — The Associated Press
- ↑ Secure Border Initiative — DOD Involvement in Southern Border Security — U.S. Government Accountability Office
Verification