WASHINGTON – The White House has begun laying the groundwork for a declaration of national emergency to build President Trump's border wall, a move certain to set off a firestorm of opposition in Congress and the courts but one that could pave the way for an end to the three-week government shutdown.
The Democrats say the wall is an "immorality" and a waste of taxpayers' money.
A row with Democrats over funding the wall has left the government partially shut down for 20 days, leaving some 800,000 federal employees unpaid.
On Saturday, the shutdown becomes the longest in US history.
Mr. Trump would have the right to undertake such a construction project in times of war and national emergency, usually allocating funds from the department of defense.
But bypassing Congress would be hugely controversial, sparking allegations of the overuse of executive powers and it would almost certainly face huge legal challenges.
Mr. Trump says the wall, a key campaign pledge, is needed to tackle a security crisis of illegal immigration.
The administration is eyeing unused money in the Army Corps of Engineers budget, specifically a disaster spending bill passed by Congress last year that includes $13.9 billion that has been allocated but not actually spent for civil works projects, two people with knowledge of the developments said Thursday.
Trump has urged the Army Corps to determine how fast contracts could be signed and whether construction could begin within 45 days.
The list includes dozens of flood control projects in areas affected by recent natural disasters, including the Texas coastline inundated by Hurricane Harvey and parts of Puerto Rico battered by Hurricane Maria. The military construction budget is also being eyed as a potential source for unspent funds, with billions more potentially available there.
Sen. Collins among the group of Republicans meeting over the government shutdown
The preparations are taking place with talks at an impasse over Trump's demands for $5.7 billion to construct more than 200 miles of wall along the U.S.-Mexico border. Democrats are staunchly opposed, leading to a partial government shutdown that on Saturday will become the longest ever in U.S. history.
Some 800,000 federal workers are about to miss their first paycheck since the shutdown began December 22, and problems plaguing shuttered national parks, food inspection processes and other federal services are multiplying.
Trump, who walked out of a White House negotiating session on Wednesday after House Speaker Nancy Pelosi, D-Calif., refused to agree to pay for his wall, reiterated Thursday that he may well declare a national emergency if Democrats don't give him what he wants.
"Now if we don't make a deal with Congress, most likely I will do that," Trump said to Fox News host Sean Hannity about an emergency declaration in an interview that aired Thursday night. "I would actually say I would. I can't imagine any reason why not because I'm allowed to do it. The law is 100 percent on my side."
