The vote sets up the legal question that Congress (or at least the House) can use as the basis for a lawsuit: Is allowing the President to spend funds by not overriding an emergency sufficient to meet the Constitution's requirement that Congress must approve all spending? In this unprecedented use of the law, effectively a past Congress has set up a mechanism to allow spending that this Congress would have to negate by a veto-proof margin without knowing when it was created what that spending would be. That works well with the various committees that have asked a number of officials if they believe that immigration constitutes a threat or emergency.