However there are some other factors that are in play here. One of them is that the President has declared a Human Rights Emergency AND has notified Congress that he’s invoking the Balanced Budget and Emergency Deficit Control Act of 1985.
This opens up new options.
Also, these declarations make some funds fungible. For instance if he determines that building a Wall on the Southern Border is a defense against Human Trafficking? He can move funds from anywhere else in the Defense Dept Allocation & simply build the Wall.
Congress is powerless to stop cash reallocation on an omnibus bill AND cannot stop the DOD from taking measures under a declared Emergency.Despite their language in the Omnibus Bill about the Border Wall, it is trumped by the State of Emergency that Trump declared.