Trump says he has right to declare border emergency, Democrats to test Republican resolve

WASHINGTON (Reuters) - U.S. President Donald Trump said on Wednesday he has a right to declare a national emergency to build a wall on the southern border if no deal with Congress can be reached on funding the project, but Democrats plan to test Republicans' resolve on the issue.

On the 19th day of a partial government shutdown caused by disagreement over the wall, Trump told reporters at the White House he may move forward in a "different manner" if Republicans and Democrats cannot work together to resolve the funding standoff.

But House of Representatives Speaker Nancy Pelosi and her fellow Democrats plan to advance a bill to immediately reopen the Treasury Department, the Securities and Exchange Commission and several other agencies that have been partially shut down since Dec. 22.

Democrats are eager to force Republicans to choose between funding the Treasury's Internal Revenue Service - at a time when it should be gearing up to issue tax refunds to millions of Americans - and voting to keep it partially shuttered.

In a countermove, the Trump administration said on Tuesday that even without a new shot of funding, the IRS would somehow make sure those refund checks get sent.

At the White House, Trump told reporters he did not declare a national emergency during a televised address on Tuesday night because he thought a deal with Congress was still possible.

Related: Migrants tear-gassed at the US-Mexico border

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Migrants tear-gassed at the US-Mexico border
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Migrants tear-gassed at the US-Mexico border
A migrant girl from Honduras, part of a caravan of thousands traveling from Central America en route to the United States, cries after running away from tear gas thrown by the U.S. border control near the border wall between the U.S. and Mexico in Tijuana, Mexico November 25, 2018. REUTERS/Kim Kyung-Hoon TPX IMAGES OF THE DAY
Migrants run from tear gas launched by U.S. agents, amid photojournalists covering the Mexico-U.S. border, after a group of migrants got past Mexican police at the Chaparral crossing in Tijuana, Mexico, Sunday, Nov. 25, 2018. The mayor of Tijuana has declared a humanitarian crisis in his border city and says that he has asked the United Nations for aid to deal with the approximately 5,000 Central American migrants who have arrived in the city. (AP Photo/Rodrigo Abd)
Three Honduran migrants huddle in the riverbank amid tear gas fired by U.S. agents on the Mexico-U.S. border after they and a group of migrants got past Mexican police at the Chaparral border crossing in Tijuana, Mexico, Sunday, Nov. 25, 2018. The mayor of Tijuana has declared a humanitarian crisis in his border city and says that he has asked the United Nations for aid to deal with the approximately 5,000 Central American migrants who have arrived in the city. (AP Photo/Ramon Espinosa)
Migrants run from tear gas launched by U.S. agents, amid photojournalists covering the Mexico-U.S. border, after a group of migrants got past Mexican police at the Chaparral crossing in Tijuana, Mexico, Sunday, Nov. 25, 2018. The mayor of Tijuana has declared a humanitarian crisis in his border city and says that he has asked the United Nations for aid to deal with the approximately 5,000 Central American migrants who have arrived in the city. (AP Photo/Rodrigo Abd)
Central American migrants -mostly Hondurans- cover their faces next to the bordering Tijuana River near the El Chaparral border crossing in Tijuana, Baja California State, Mexico, after the US Border Patrol threw tear gas to disperse them after an alleged verbal dispute, on November 25, 2018. - US officials closed the San Ysidro crossing point in southern California on Sunday after hundreds of migrants, part of the 'caravan' condemned by President Donald Trump, tried to breach a fence from Tijuana, authorities announced. (Photo by Guillermo Arias / AFP) (Photo credit should read GUILLERMO ARIAS/AFP/Getty Images)
Tear gas thrown by the US Border Patrol to disperse Central American migrants -mostly Hondurans- after an alleged verbal dispute is seen near the El Chaparral border crossing in Tijuana, Baja California State, Mexico, close to the S-Mexico border, on November 25, 2018. - US officials closed the San Ysidro crossing point in southern California on Sunday after hundreds of migrants, part of the 'caravan' condemned by President Donald Trump, tried to breach a fence from Tijuana, authorities announced. (Photo by GUILLERMO ARIAS / AFP) (Photo credit should read GUILLERMO ARIAS/AFP/Getty Images)
A photojournalist is surrounded in a cloud of tear gas released by U.S. Customs and Border Protection (CBP) after migrants, part of a caravan of thousands from Central America, attempted to illegally cross the border into the United States from Tijuana, Mexico November 25, 2018. REUTERS/Adrees Latif
A migrant, part of a caravan of thousands from Central America, covers his face after being affected by tear gas released by the U.S. Customs and Border Protection (CBP) after hundreds attempted to illegally cross into the U.S from Mexico from Tijuana, Mexico November 25, 2018. REUTERS/Adrees Latif
Migrants, part of a caravan of thousands from Central America trying to reach the United States, run from tear gas released by U.S border patrol, near the border fence between Mexico and the United States in Tijuana, Mexico, November 25, 2018. REUTERS/Hannah McKay
A migrant reacts from tear gas thrown by the U.S. border patrol near the fence between Mexico and the United States in Tijuana, Mexico, November 25, 2018. REUTERS/Jorge Duenes
Migrants, part of a caravan of thousands traveling from Central America en route to the United States and journalists flee tear gas released by U.S. border patrol near the fence between Mexico and the United States in Tijuana, Mexico, November 25, 2018. REUTERS/Alkis Konstantinidis
Migrants, part of a caravan of thousands from Central America trying to reach the United States, return to Mexico after being hit by tear gas by U.S. Customs and Border Protection (CBP) after attempting to illegally cross the border wall into the United States in Tijuana, Mexico November 25, 2018. REUTERS/Adrees Latif
U.S. soldiers and U.S. border patrols fire tear gas towards migrants, part of a caravan of thousands traveling from Central America en route to the United States, from the U.S.side of the border fence between Mexico and the United States in Tijuana, Mexico, November 25, 2018. REUTERS/Kim Kyung-Hoon
Migrants and members of the media run from tear gas released by U.S border patrol near the fence between Mexico and the United States in Tijuana, Mexico, November 25, 2018. REUTERS/Hannah McKay
Migrants cover their faces, as they run from tear gas, thrown by the U.S border patrol near the fence between Mexico and the United States in Tijuana, Mexico, November 25, 2018. REUTERS/Hannah McKay
A migrant covers his face as he runs from tear gas, thrown by the U.S border patrol, near the fence between Mexico and the United States in Tijuana, Mexico, November 25, 2018. REUTERS/Hannah McKay
Migrants run from tear gas, thrown by the U.S border patrol, near the border fence between Mexico and the United States in Tijuana, Mexico, November 25, 2018. REUTERS/Hannah McKay
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"Because I think we might work a deal, and if we don't, I may go that route. I have the absolute right to do national emergency if I want," Trump said.

The Republican president's push for a massive barrier on the border has dominated the Washington debate and sparked a political blame game as both Trump and Democrats remain dug in.

In a nationally televised address on Tuesday night, Trump

urged Congress to give him $5.7 billion this year to help build the wall but stopped short of declaring a national emergency to pay for it with military funds. He asked: "How much more American blood must be shed before Congress does its job?" referring to murders he said were committed by illegal immigrants.

Senate Republican leader Mitch McConnell opened the Senate on Wednesday with an attack on Democrats for not supporting Trump's demand for wall funds.

But Senate Democratic leader Chuck Schumer said Trump's speech was a rehash of spurious arguments and misleading statistics.

"The president continues to fearmonger and he makes up the facts," Schumer said.

DEMOCRATIC TACTICS

Later in the week, Pelosi plans to force votes that one-by-one provide the money to operate departments ranging from Homeland Security and Justice to State, Agriculture, Commerce and Labor.

By using a Democratic majority to ram those bills through the House, Pelosi is hoping enough Senate Republicans back her up and abandon Trump's wall gambit.

The political maneuvering comes amid a rising public backlash over the suspension of some government activities that has resulted in the layoffs of hundreds of thousands of federal workers.

Other "essential" employees are being required to report to work, but without pay for the time being.

As House Democrats plow ahead, Trump went to Capitol Hill on Wednesday to attend a closed lunch meeting of Senate Republicans.

He said as he arrived at the U.S. Capitol that support among Republican lawmakers was "unwavering" for the tough stance he has taken on funds for the wall.

Later in the day, Trump is scheduled to host bipartisan congressional leaders to see if they can break the deadlock. On Thursday, Trump travels to the border to highlight an immigration "crisis" that his base of conservative supporters wants him to address.

With tempers running high over Trump's demand for $5.7 billion just for this year to fund wall construction, there are doubts Pelosi's plan will succeed in forcing the Senate to act.

McConnell has not budged from his hard line of refusing to bring up any government funding bill that does not have Trump's backing even as a few moderate members of his caucus have called for an end to the standoff.

The funding fight stems from Congress' inability to complete work by a Sept. 30, 2018, deadline on funding all government agencies. It did, however, appropriate money for about 75 percent of the government by that deadline - mainly military and health-related programs.

(Reporting by Richard Cowan; Additional reporting by Amanda Becker, Roberta Rampton and Susan Heavey; Writing by John Whitesides; Editing by Bill Trott and Alistair Bell)

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