Senate Democrats introduced legislation on Monday to prevent President Trump Donald John TrumpBubba Wallace to be driver of Michael Jordan, Denny Hamlin NASCAR team Graham: GOP will confirm Trump's Supreme Court nominee before the election Southwest Airlines, unions call for six-month extension of government aid MORE from using military and disaster relief funds to construct the U.S.-Mexico border wall should he declare a national emergency.

The legislation would prevent Trump from using funding from the U.S. Army Corps of Engineers civil works funds and military construction funding "for the construction of barriers, land acquisition, or any other associated activities on the southern border without specific statutory authorization from Congress" if he declared a national emergency.

Sen. Tom Udall Thomas (Tom) Stewart UdallLWCF modernization: Restoring the promise OVERNIGHT ENERGY: House Democrats tee up vote on climate-focused energy bill next week | EPA reappoints controversial leader to air quality advisory committee | Coronavirus creates delay in Pentagon research for alternative to 'forever chemicals' Senate Democrats demand White House fire controversial head of public lands agency MORE (D-N.M.) said that while an emergency declaration to construct the U.S.-Mexico border wall would be challenged in court, "Congress should not wait for the courts to act."

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"We must stand up and assert our role as a co-equal branch of government, and we must prevent the president from going around Congress to raid critical funds … for a politically-motivated, unjustified national emergency declaration that isn’t based in reality," he said.

Sen. Martin Heinrich Martin Trevor HeinrichSenate Democrats demand White House fire controversial head of public lands agency Senate Democrats seek removal of controversial public lands head after nomination withdrawal Five takeaways from final Senate Intel Russia report MORE (D-N.M.) added that the bill would "prevent funds designated for critical military construction and disaster response" from being used to build the wall in the event Trump declares a national emergency.

Democrats estimate that approximately $35 billion from the fiscal 2018 funding cycle is "subject to raiding"—being repurposed for constructing the border wall — including money for disaster relief and military construction projects.

More than a dozen Democrats, including Udall and Heinrich, introduced the Restrictions Against Illegitimate Declarations for Emergency Re-appropriations Act. Among the RAIDER Act's supporters are Sens. Kamala Harris Kamala HarrisJoe Biden looks to expand election battleground into Trump country Fox's Napolitano: Supreme Court confirmation hearings will be 'World War III of political battles' Rush Limbaugh encourages Senate to skip hearings for Trump's SCOTUS nominee MORE (D-Calif.) and Cory Booker Cory Anthony BookerBipartisan praise pours in after Ginsburg's death DHS opens probe into allegations at Georgia ICE facility Democratic lawmakers call for an investigation into allegations of medical neglect at Georgia ICE facility MORE (D-N.J.), who are both running for the party's 2020 nomination.

Trump has kept the option of declaring a national emergency to construct the wall on the table despite pushback from Congress.

He hinted last week that he could tip his hand during Tuesday night's State of the Union address about his plans, telling reporters to "listen closely."

“I think there’s a good chance we’ll have to do that,” Trump told reporters at the White House on Friday.

If Trump declared a national emergency, Congress could try to pass a resolution of disapproval to block the action. Lawmakers in both parties have also predicted a lengthy court battle that would almost immediately delay action on the border wall.