Judge to consider bid to block Trump's emergency border wall funds
President Donald Trump’s national emergency declaration to divert more than $6 billion to build a wall on the border with Mexico will face its first test in court on Friday, when states and advocacy groups are expected to ask a federal judge to block the funding.
At the center of Friday’s hearing is the question of the president’s authority to construct a wall using funds that Congress declined to approve for the amount he requested.
In February, Congress approved $1.375 billion for construction of “primary pedestrian fencing” along the border in southeast Texas, well short of Trump’s demand for $5.7 billion to build border walls in Arizona and New Mexico as well as Texas.
To obtain the additional money, Trump declared a national emergency and diverted $601 million from a Treasury forfeiture fund, $3.6 billion from military construction and $2.5 billion earmarked for Department of Defense counterdrug programs.
“Congress’s refusal to fund President Trump’s wall isn’t an emergency, it’s democracy,” said a statement from Dror Ladin, an attorney for the American Civil Liberties Union, which represents plaintiffs in the case.