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Democrats file resolution to block Trump's 'unconstitutional power grab'

Texas congressman Joaquín Castro, the chair of the Congressional Hispanic Caucus, is leading the effort.
Texas congressman Joaquín Castro, the chair of the Congressional Hispanic Caucus, is leading the effort. Photograph: Joe Raedle/Getty Images

House Democrats will vote next week on a resolution to block the national emergency declaration issued by Donald Trump in order to access billions of dollars Congress refused to give him to build a wall along the border with Mexico.

“The president’s act is lawless and does violence to our constitution and therefore to our democracy,” House speaker Nancy Pelosi said on a conference call, announcing that the chamber would vote on Tuesday. “Not only is he disrespecting the legislative branch and the constitution of the United States, he is dishonoring the office in which he serves.”

Though the effort is unlikely to succeed, it sets up a highly charged confrontation between the legislative and executive branches of government over the separation of powers outlined in the constitution. The move will also put pressure on Republicans who are uncomfortable about the precedent such a declaration might set – and the long-term consequences for Congress.

The one-page resolution was authored by Texas congressman Joaquín Castro, a Democrat and the chair if the Congressional Hispanic Caucus who called Trump’s action an “unconstitutional power grab”.

“This is an historic power grab,” Castro said. “It will require historic unity by members of Congress, Republican and Democrat, liberal and conservative, to counteract the president’s parasitic movement.”

He added: “The president is declaring a national emergency to fulfill a campaign promise, not because there is an actual emergency on the United States border.”

The resolution, which states that Trump’s emergency declaration “is hereby terminated”, has at least 226 co-sponsors, Castro said. Despite an effort to attract bipartisan support, so far only one Republican has signed on: Justin Amash, a libertarian from Michigan. Democrats will work to add more ahead of the vote, which is expected on Tuesday.

Trump declared a national emergency on the border with Mexico last week, after signing legislation to avert a second government shutdown which provided far less than he demanded to build his wall along the border.

In his run for the White House, the president promised to build the wall and have Mexico pay for it. Neither part of the promise has been fulfilled.

Congress has approved nearly $1.4bn to build 55 miles of new fencing and barriers along the border in Texas’ Rio Grande Valley. Trump previously triggered a 35-day shutdown – the longest in history – after Congress rebuffed his demand for $5.7bn to begin construction on more than 200 miles of barriers.

The national emergency declaration allows the administration to transfer money from the defense department and other federal agencies. Trump has said that will give him access to an additional $6.6bn.

The action is being challenged in federal courts, including one case brought by a coalition of 16 states with Democratic attorneys general. Pelosi said the relevant House committees were studying alternative legal options but said Democrats’ focus at the moment was on passing the resolution.

With more than half of the members of the House signed on, the resolution will all but certainly pass. But the effort is likely to fall short in the Senate, where only a few Republicans have expressed interest, or to a Trump veto. It is unlikely either chamber could gather enough support to override a presidential veto.

Even so, the resolution is likely to put pressure on Republicans running for re-election next year in districts and states where Trump is unpopular.

Several Republican lawmakers have expressed concern that Trump’s action could set a precedent for a future Democratic president to declare a national emergency related to climate change or gun violence.

Susan Collins, a moderate Republican senator from Maine who is up for re-election in 2020, was the first in her party to publicly state support for a resolution blocking the emergency declaration.

With Republicans in the majority in the Senate, at least three more GOP senators would have to join her, if all of the Democrats voted for the resolution, for it to succeed.