That would give Republicans who are uneasy about the constitutionality of the February 15 declaration - yet nervous about publicly rebuking Trump - some political cover to side with the president.
His latest refusal to compromise increases the likelihood not just that the bill will pass the Senate, but that a large number of Republicans cross their president on a high-profile vote for arguably the first time in his presidency.
U.S. President Donald Trump speaks during a ceremony to sign an executive order on veterans suicide prevention in the Roosevelt Room at the White House in Washington, U.S., March 5, 2019.
WASHINGTON ― President Donald Trump appears headed for an embarrassing reprimand from members of his own party on Thursday, when the Senate is to vote on a resolution disapproving of his declaration of emergency over the border.
The disapproval resolution passed the House with a vote of 245-182 with the help of 13 Republicans. Other Republican senators who back the resolution are Alaska's Lisa Murkowski, Maine's Susan Collins and Kentucky's Rand Paul. All of the senator's voiced concern that Trump was circumventing Congress's enumerated power of the purse to appropriate funds and use them as he pleases.
The disapproval resolution passed the Democratically-controlled House by a wide margin and garnered enough Republican public support to pass the Senate. Still, Congress would be highly unlikely to muster the two-thirds majorities needed to eventually override a veto. He announced later that he would be voting for the resolution to terminate the declaration.
"We'll see whether or not I have to do the veto", Trump said Wednesday at an event at the White House.
Brown said he doesn't object to finding a "long term answer", to keep presidents from declaring emergencies in non-emergency situations, but said he didn't know of any cases where past presidents abused the law.
Trump made his views known in a phone call with Lee, as the conservative senator lunched with fellow Republicans at the Capitol, according to a person familiar with the call who spoke on the condition of anonymity to describe it. Mike Lee, R-Utah, on Tuesday, would make national emergency declarations by the president subject to congressional approval every 30 days.
The proposal would not affect the current emergency declaration at the border but would for future declarations, including those issued by Trump.
A vote on Lee's plan was expected after Congress returns from a recess later this month.
Tillis requested Pence's meeting with senators, and Pence largely was there to listen, an administration official said. One said Tillis told his colleagues he could change his vote if Trump was indeed ready to curb presidential powers to declare emergencies without Congress' approval.