Senate votes again to end Trump's border emergency declaration

WASHINGTON, Sept 25 (Reuters) - The U.S. Senate voted on Wednesday for a second time to end the national emergency on the southern border the president declared in February, a move Donald Trump would almost certainly veto if it reached his desk.

Trump, with his very first veto, struck down a similar measure that had cleared both the House and Senate in March. Congress was unable to muster the votes to override that veto.

The Senate vote to approve the resolution was 54-41.

Trump declared the emergency on the southern border to circumvent Congress and take money already designated for other programs to pay for his U.S.-Mexico border wall, which he promised to build during his 2016 campaign.

Democratic lawmakers said the move was an unconstitutional power grab that undercut Congress' power of the purse, or the ability to tax and spend public money for the national government.

Republicans insisted Trump had acted legally under a 1976 law known as the National Emergencies Act, under which previous presidents had declared dozens of emergencies.

The issue landed in the courts and Trump won an early battle in July when the conservative-majority Supreme Court voted 5-4 to block a ruling by a federal judge in California that barred the Republican president from redirecting $2.5 billion in funds.

19 PHOTOS
Migrants in Tijuana trickling over and under the border wall
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Migrants in Tijuana trickling over and under the border wall
Honduran migrant Joel Mendez, 22, passes his eight-month-old son Daniel through a hole under the U.S. border wall to his partner, Yesenia Martinez, 24, who had already crossed in Tijuana, Mexico, Friday, Dec. 7, 2018. Moments later Martinez surrendered to waiting border guards while Mendez stayed behind in Tijuana to work, saying he feared he'd be deported if he crossed. (AP Photo/Rebecca Blackwell)
Central American migrants planning to surrender to U.S. border patrol agents climb over the U.S. border wall from Playas de Tijuana, Mexico, late Monday, Dec. 3, 2018. Thousands of migrants are living in crowded tent cities in the Mexican city of Tijuana after undertaking a grueling, weeks-long journey to the U.S. border. (AP Photo/Rebecca Blackwell)
In a photo taken from Playas of Tijuana, Mexico, Honduran migrants climb over a section of the U.S. border fence before handing themselves in to border control agents, Sunday, Dec. 2, 2018. A steady trickle of Central American migrants have been finding ways to climb over, tunnel under or slip through the U.S. border wall to plant their feet on U.S. soil and ask for asylum. (AP Photo/Rebecca Blackwell)
Honduran migrants who jumped the border wall to the U.S. side, help other members of their families to jump the wall, in Tijuana, Mexico, Sunday, Dec. 2, 2018. Thousands of migrants who traveled via caravan are seeking asylum in the United States, but face a decision between waiting months or crossing illegally, because the U.S. government only processes a limited number of cases a day at the San Ysidro border crossing in San Diego. (AP Photo/Ramon Espinosa)
Honduran migrant Joel Mendez, 22, feeds his eight-month-old son Daniel as his partner Yesenia Martinez, 24, crawls through a hole under the U.S. border wall, in Tijuana, Mexico, Friday, Dec. 7, 2018. Moments later Martinez surrendered to waiting border guards while Mendez stayed behind in Tijuana to work, saying he feared he'd be deported if he crossed. (AP Photo/Rebecca Blackwell)
Yesenia Martinez, 24, carries her eight-month-old son Daniel as she looks for a place to cross the U.S. border wall to surrender to border patrol and request asylum, in Tijuana, Mexico, Friday, Dec. 7, 2018. Martinez surrendered to waiting border guards while her partner Joel Mendez stayed behind in Tijuana to work, saying he feared he'd be deported if he crossed. (AP Photo/Rebecca Blackwell)
A woman climbs the U.S. border wall, planning to surrender to U.S. Border Patrol agents and apply for asylum, as she crosses from Playas de Tijuana, Mexico, Monday, Dec. 3, 2018. Often within minutes, border guards quickly arrive to escort migrants to detention centers and begin "credible fear" interviews. (AP Photo/Rebecca Blackwell)
A woman holding a baby peers through the U.S. border fence as she tries to reach a point where scores of migrants have been crossing in recent days, now blocked by private security, in Playas de Tijuana, Mexico, Wednesday, Dec. 5, 2018. Legal groups argue that federal law states that immigrants can apply for asylum no matter how they enter U.S. territory. (AP Photo/Rebecca Blackwell)
Honduran migrant Leivi Ortega, 22, wearing a rosary, looks at her phone while she, her partner and their young daughter, wait in hopes of finding an opportunity to cross the U.S. border from Playas de Tijuana, Mexico, Wednesday, Dec. 5, 2018. In early December, U.S. Customs and Border Protection said that the San Diego sector experienced a "slight uptick" in families entering the U.S. illegally with the goal of seeking asylum. (AP Photo/Rebecca Blackwell)
Yesenia Martinez, 24, reaches back from the San Diego, California side of the U.S. border wall to get her baby's bottle, after crossing underneath from Tijuana, Mexico, Friday, Dec. 7, 2018. Martinez is among a wave of Central Americans getting past the imposing barrier between Mexico and California and expediting their asylum claims by readily handing themselves over to U.S. agents. (AP Photo/Rebecca Blackwell)
A Honduran migrant helps a young girl cross to the American side of the border wall, in Tijuana, Mexico, Sunday, Dec. 2, 2018. In November, President Donald Trump issued a proclamation suspending asylum rights for people who try to cross into the U.S. illegally from Mexico, although a divided U.S. appeals court has refused to immediately allow the Trump administration to enforce the ban. (AP Photo/Ramon Espinosa)
Salvadoran migrant Cesar Jobet, right, and Daniel Jeremias Cruz hide from U.S. border agents after they dug a hole in the sand under the border wall and crossed over to the U.S. side, in Playas de Tijuana, Mexico, Friday, Nov. 30, 2018. When the two youths were detected by agents they ran back to the Mexican side. (AP Photo/Ramon Espinosa)
A Honduran migrant walks with his son in his arms after jumping the U.S. border wall with plans to turn himself over to U.S. border patrol agents in order to apply for asylum, seen from Tijuana, Mexico, Thursday, Nov. 29, 2018. In twos or threes, or sometimes by the dozen, migrants arrive at the U.S. border wall and manage to cross over. (AP Photo/Ramon Espinosa)
A Honduran migrant walks with his son in his arms after jumping the wall to the U.S that separates Tijuana, Mexico and San Diego, in Tijuana, Mexico, Thursday, Nov. 29, 2018. Aid workers and humanitarian organizations expressed concerns Thursday about the unsanitary conditions at the sports complex in Tijuana where more than 6,000 Central American migrants are packed into a space adequate for half that many people and where lice infestations and respiratory infections are rampant. (AP Photo/Ramon Espinosa)
A Honduran migrant walks with his son in his arms after jumping the wall to the U.S that separates Tijuana, Mexico and San Diego, in Tijuana, Mexico, Thursday, Nov. 29, 2018. Aid workers and humanitarian organizations expressed concerns Thursday about the unsanitary conditions at the sports complex in Tijuana where more than 6,000 Central American migrants are packed into a space adequate for half that many people and where lice infestations and respiratory infections are rampant. (AP Photo/Ramon Espinosa)
A Honduran migrant walks after jumping the wall to the U.S that separates Tijuana, Mexico and San Diego, in Tijuana, Mexico, Thursday, Nov. 29, 2018. Aid workers and humanitarian organizations expressed concerns Thursday about the unsanitary conditions at the sports complex in Tijuana where more than 6,000 Central American migrants are packed into a space adequate for half that many people and where lice infestations and respiratory infections are rampant. (AP Photo/Ramon Espinosa)
In a photo taken from the Tijuana, Mexico, side of the border wall, a guard on the U.S. side, at left, watches Honduran migrants jump the wall into the United States, Sunday, Dec. 2, 2018. Thousands of migrants who traveled via caravan are seeking asylum in the U.S., but face a decision between waiting months or crossing illegally, because the U.S. government only processes a limited number of cases a day at the San Ysidro border crossing in San Diego. (AP Photo/Ramon Espinosa)
In a photo taken from the Tijuana, Mexico, side of the border, two immigrants on U.S. soil try to jump the second wall before border police arrived and arrested them, Sunday, Dec. 2, 2018. Thousands of migrants who traveled via caravan are seeking asylum in the U.S., but face a decision between waiting months or crossing illegally, because the U.S. government only processes a limited number of cases a day at the San Ysidro border crossing in San Diego. (AP Photo/Ramon Espinosa)
In a photo taken from the Tijuana, Mexico, side of the border wall, a U.S. Border Patrol agent is seen as Honduran migrants who jumped the wall surrender on the U.S. side, Sunday, Dec. 2, 2018. Thousands of migrants who traveled via caravan are seeking asylum in the U.S., but face a decision between waiting months or crossing illegally, because the U.S. government only processes a limited number of cases a day at the San Ysidro border crossing in San Diego. (AP Photo/Ramon Espinosa)
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Congress has refused to meet Trump's demands to fund a wall, although it has provided some funds for border fencing and other barriers.

This year, Trump sought $5.7 billion in wall funding. When Congress refused, a standoff ensued that triggered a month-long partial government shutdown that ended when the president agreed to $1.37 billion for border barriers, far less than he wanted.

Trump then declared the emergency, vowing to divert funds from other accounts for the wall.

(Reporting by Tim Ahmann; Editing by Edmund Blair)

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