Republican group uses Cruz's words to block Trump's emergency declaration

Senator Ted Cruz, a Republican from Texas, listens during a Senate Judiciary Committee confirmation hearing for William Barr, attorney general nominee for U.S. President Donald Trump, not pictured, in Washington, D.C., U.S., on Tuesday, Jan. 15, 2019. less Senator Ted Cruz, a Republican from Texas, listens during a Senate Judiciary Committee confirmation hearing for William Barr, attorney general nominee for U.S. President Donald Trump, not pictured, in ... more Photo: Andrew Harrer/Bloomberg Photo: Andrew Harrer/Bloomberg Image 1 of / 3 Caption Close Republican group uses Cruz's words to block Trump's emergency declaration 1 / 3 Back to Gallery

WASHINGTON – A Republican group opposed to President Donald Trump's emergency declaration to fund a wall along the U.S. Mexico border is running a new ad on "Fox and Friends" Tuesday using sound bites from Texas Republicans Ted Cruz and John Cornyn opposing former President Barack Obama's 2014 order protecting eligible illegal immigrants from deportation.

The ad, funded by the group Republicans for the Rule of Law, will run as the Democratic-led U.S. House is scheduled to vote on a resolution introduced by San Antonio Democrat Joaquin Castro opposing Trump's executive order.

The 30-second ad features Cruz calling Obama "an unaccountable monarch" in November, 2014, after his administration expanded the Deferred Action for Childhood Arrivals (DACA) program to cover additional illegal immigrants.

"If this president can impose his own immigration laws unilaterally, we stop having a constitutional system of checks and balances," Cruz said in a snippet retrieved by the Republican group. "It's the power of a monarch or an emperor."

Only on HoustonChronicle.com: Federal officials say delayed $4B in Harvey aid will be tied up until May

The ad also makes use of a 2014 Cornyn sound bite accusing Obama of "abusing executive authority."

Cruz and Cornyn's Senate offices had no immediate comment Monday. But Cornyn told a Politico reporter Monday that he "probably" won't support disapproval resolution of national emergency declaration.

Cornyn has expressed misgivings about an emergency declaration, but has not broken from the White House, suggesting that the president is "using existing authorities that Congress has given him to get access to reprogram other funds."

Cruz, a strong backer of Trump's wall proposal, has made no explicit statement about Trump's declaration, saying only that he wants to see the underlying legal justifications.

The Republicans for the Rule of Law ad follows an earlier campaign by a coalition of conservatives who sought to block congressional interference in the special counsel investigation of alleged Trump campaign collusion with Russia.

The group has now turned its attention to Trump's emergency declaration, which could come up for a Senate vote in the coming weeks.

"Declaring an emergency in the absence of one is an affront to the rule of law," said Chris Truax, a spokesman for the group. "No president should ever be allowed to invoke 'emergency' powers simply because he can't get what he wants through the normal political process. That is a gross abuse of the Office of the Presidency and sets a dangerous precedent for future presidential administrations."

More on Texas politics: Four reasons Beto shouldn't run for president, and four reasons he should

Democrats have accused the administration of manufacturing a sense of crisis on the border. "He is taking duly appropriated funding intended for the military, law enforcement, and many other priority areas in order to follow through on his campaign promise," said U.S. Rep. Henry Cuellar, who has identified nearly $520 million worth of military projects in Texas that he says are at risk.

Cuellar, who represents the border city of Laredo, was among the lawmakers who negotiated a $1.37 billion border security package, which helped avert another partial government shutdown. Trump, who has sought more than $5.7 billion for the wall, has indicated he will redirect funds from the military and other parts of the government.

Castro, rallying Democrats on the eve of Tuesday's House vote, made a plea for bipartisan support. "We are asking all members of Congress to respect the Constitution with us," he said. "I hope that they will vote their conscience."

Some Republicans have argued that Democrats are forcing Trump's hands by holding back on wall funding.

"The question about our nation's border security is not whether there is a crisis; there is," Texas Republican Roger Williams wrote in an essay in the Austin American-Statesman. "The question is, do we have the political courage to do something about it?"

At least 16 states have sued to block Trump's move. Meanwhile, dozens of former senior national security officials and 26 Republican former lawmakers have written separate letters rejecting the president's national emergency declaration.

TEXAS TAKE: Catch the political news you need every weekday at HoustonChronicle.com.