The Trump administration doesn't have the authority to divert Pentagon funds to construct additional barriers on the US-Mexico border, a federal appeals court ruled Friday, days after President Donald Trump's visit to a section of the wall in Arizona.
The Trump administration doesn't have the authority to divert Pentagon funds to construct additional barriers on the US-Mexico border, a federal appeals court ruled Friday, days after President Donald Trump's visit to a section of the wall in Arizona.
In a 2-1 ruling, the 9th US Circuit Court of Appeals said that the transfer of $2.5 billion circumvented Congress, which holds the authority to appropriate money.
The legal fight over Defense Department funds stems from Trump's national emergency declaration on the US-Mexico border last year. Trump extended the declaration this past February, even as border arrests began to decline.
"The Executive Branch lacked independent constitutional authority to authorize the transfer of funds," wrote Chief Circuit Judge Sidney Thomas for the majority. "The panel noted that the Appropriations Clause of the U.S. Constitution exclusively grants the power of the purse to Congress. The panel held that the transfer of funds violated the Appropriations Clause, and, therefore, was unlawful."
While Friday's ruling is a win for the environmental groups and states challenging the use of military funds, a Supreme Court stay, issued last year that allows the funds to be used, remains in effect for the time being.





