Sen. Mike Lee Urges Trump to Use Article II Power to Recall Congress During DHS Shutdown
Sen. Mike Lee, R‑Utah, is publicly calling on President Donald Trump to invoke Article II, Section 3 of the Constitution to force Congress to cut short its spring recess and return to Washington while the Department of Homeland Security remains unfunded. In a Saturday Fox News interview, Lee argued that the DHS shutdown and what he calls urgent 'election security' needs qualify as the 'extraordinary occasions' that allow a president to compel lawmakers back, and said he wants them to debate and pass the Safeguard American Voter Eligibility (SAVE) Act, which would tighten proof‑of‑citizenship requirements for voting. Congress left town in March with plans to return in mid‑April, even as images circulate of members vacationing at casinos and resorts while DHS funding and the SAVE Act are stalled. Trump has already signed an executive order to keep TSA workers paid during the shutdown and told the New York Post he is considering ordering Congress back, but has not yet acted. The step Lee is urging has not been used since President Harry S. Truman’s 1948 "Turnip Day" session, so any move by Trump to force a recall would likely trigger an immediate political and legal fight over presidential power and congressional prerogatives.
📌 Key Facts
- Sen. Mike Lee is urging President Trump to invoke Article II, Section 3 to compel Congress to return from its spring recess.
- Lee cites the ongoing DHS funding lapse and the stalled SAVE America Act on voter‑citizenship rules as the 'extraordinary occasions' justifying the move.
- Congress left Washington in March and is not scheduled to return until mid‑April, while DHS remains unfunded during a partial shutdown.
- Trump has already ordered TSA pay restored during the shutdown and has said forcing Congress back is 'under consideration.'
- The last time a president forced Congress into a special session under this power was Harry S. Truman in 1948.
📊 Relevant Data
Noncitizen voting in U.S. elections is rare, with audits in states like Georgia identifying only 1,634 potential noncitizen registrations from 1997 to 2022, and none of those individuals voted in the 2020 general election.
Illegal voting by noncitizens is rare, yet Republicans are making it a major issue this election — KXAN (AP)
In the U.S., approximately 5% of voting-age citizens lack a current government-issued photo ID, with higher rates among young voters (10% for ages 18-29), Black voters (9%), and Hispanic voters (8%), compared to 3% for White voters.
Report shows young people, people of color less likely to have valid photo identification — Phys.org
During the DHS shutdown, approximately 90% of DHS's over 260,000 employees continue working without pay, including essential personnel in immigration enforcement and border security, leading to operational strains such as delayed processing and reduced support.
How a DHS shutdown affects different components and employees — Federal News Network
Racial disparities in voter turnout have widened since 2008, with the gap between White and Black turnout increasing from 1.7 percentage points in 2008 to 8.5 points in 2022, and between White and Hispanic turnout from 13.9 to 17.3 points.
Growing Racial Disparities in Voter Turnout, 2008–2022 — Brennan Center for Justice
In fiscal year 2026, 23 people have died in ICE custody since October 2025, amid concerns over overcrowding and health care access in detention facilities during the DHS shutdown.
Immigration detention on track for deadliest fiscal year since 2004 — NPR
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