Trump news: President begrudgingly signs border bill and declares national emergency at US-Mexico border

Hello and welcome to The Independent's coverage of the latest developments in Washington.

The Senate passed the government funding and border security bill 83 to 16 yesterday following weeks of bipartisan negotiations. The House of Representatives followed suit with a 300-128 vote in favour and Mr Trump is expected to sign off on it on Friday.

Under the terms of the agreement thrashed out earlier this week between Republicans and Democrats, the president would receive just under $1.4bn (£1.1bn) in federal funding for his proposed Mexico border wall, well short of the $5.7bn (£4.4bn) he originally demanded.

That would buy just 55 miles of wall on the southwestern border, a far cry from the 2,000-mile partition from sea to shining sea the president has long promised.

However, Senate majority leader Mitch McConnell told the Senate on Thursday the Oval Office had another plan to secure wall funding. 

“I just had an opportunity to speak with President Trump and he’s prepared to sign the bill. He will also be signing a national emergency declaration at the same time,” Mr McConnell said.

In response to the news, speaker of the House of Representatives Nancy Pelosi said that a national emergency to build the border wall amounts to an “end run” around Congress and that Mr Trump had created the crisis he claims is ongoing at the border.

Ms Pelosi confirmed that Democrats could challenge the president in court if he declares the national emergency and suggested there are other emergencies like gun violence more pressing than the situation at the border.

"Congress will defend our constitutional authorities," she said in a joint statement with Senate minority leader Chuck Schumer.

Mr Trump has repeatedly rallied against the "bad hombres" he says are arriving undocumented from Central America and flooding the southern states with gang violence and illegal drugs, even demonising an impoverished migrant caravan attempting to cross Mexico in search of a better life in the US.

Here's the official word from 1600 Pennsylvania Avenue.

So what exactly does it mean to declare a national emergency?

The National Emergencies Act, passed in 1976, empowers the president to bypass Congress and take any executive action he sees fit (within legal bounds) in the event of a crisis. 

Precisely what that constitutes is vague, however. George W Bush declared one in the aftermath of 9/11, for instance, when the US believed the possibility of further Islamist terror attacks represented a clear and present danger. But there is no legal definition of a crisis, no ratification process by Congress and no judicial review.

To declare a national emergency on the Mexican border in 2019 on the basis of illegal immigration, when most illegal immigrants to the US are there because they have overstayed the terms of their visas rather than by sneaking across the southern border on foot, is certainly unorthodox.

According to the statute, if the president declares an emergency requiring the use of the armed forces, his secretary of defence "may undertake military construction projects, and may authorise the Secretaries of the military departments to undertake military construction projects, not otherwise authorised by law that are necessary to support such use of the armed forces".

Pentagon officials are currently analysing their 2019 construction budget to determine how many much money would be available to use for the wall should Mr Trump opt for that path.

The act does contains a clause that allows Congress to terminate the emergency status if both the House of Representatives and the Senate vote for it, although that has never been attempted. The former is controlled by the Democrats since November’s midterms, but the Republicans hold on to the Senate. However, Mr Trump’s party are by no means united on the need for a wall.

Nancy Pelosi and Chuck Schumer yesterday branded the president's probable next step a "tremendous mistake", "a lawless act" and "a gross abuse of power".

"Absolutely it’s an abuse of power for the president to declare a national emergency when none exists and to use it to try to get around the democratic process. But we are in a situation where our legal system for emergency powers almost invites that kind of abuse."

So says Elizabeth Goitein, co-director of the Liberty and National Security Programme at the Brennan Centre for Justice, who warned President Trump might take this tack in an article for The Atlantic in December.

Holly Baxter of The Independent here on why calling a national emergency would be the most selfish thing Donald Trump has ever done.

Now that really is saying something.

Arizona congressman Ruben Gallego absolutely lighting one up.

If you're struggling to keep up with the latest blasts from Hurricane Donald (not to mention Brexit), you might have missed the fact that William Barr was confirmed as the new US attorney-general yesterday.