89°F
weather icon Clear

Judge blocks Trump from constructing sections of border wall

Updated May 24, 2019 - 9:08 pm

SAN FRANCISCO — A federal judge blocked on Friday President Donald Trump from building sections of his long-sought border wall with money secured under his declaration of a national emergency.

U.S. District Judge Haywood Gilliam, Jr., on Friday immediately halted the administration’s efforts to redirect military-designated funds for wall construction. His order applies to two high-priority projects to replace 51 miles of fence in two areas on the Mexican border.

Gilliam issued the ruling after hearing arguments last week in two cases. California and 19 other states brought one lawsuit; the Sierra Club and a coalition of communities along the border brought the other. His ruling was the first of several lawsuits against Trump’s controversial decision to bypass the normal appropriations process to pay for his long-sought wall.

Gilliam, an appointee of President Barack Obama, said the plaintiffs were likely to succeed on arguments that the president was wrongly ignoring Congress’ wishes.

“Congress’s ‘absolute’ control over federal expenditures_even when that control may frustrate the desires of the Executive Branch regarding initiatives it views as important_is not a bug in our constitutional system. It is a feature of that system, and an essential one,” he wrote in his 56-page opinion.

A judge in Washington, D.C., is hearing a similar challenge brought by the U.S. House of Representatives that argued the money shifting violates the constitution. The judge was weighing whether the lawmakers even had the ability to sue the president instead of working through political routes to resolve the bitter dispute.

At stake is billions of dollars that would allow Trump to make progress in a signature campaign promise heading into his campaign for a second term.

National emergency

Trump declared a national emergency in February after losing a fight with the Democratic-led House over fully paying for the wall that led to a 35-day government shutdown. As a compromise on border and immigration enforcement, Congress set aside $1.375 billion to extend or replace existing barriers in Texas’ Rio Grande Valley, the busiest corridor for illegal crossings.

Trump grudgingly accepted the money, but then declared the national emergency to siphon money from other government accounts because he wanted to spend $8 billion on wall construction. The funds include $3.6 billion from military construction funds, $2.5 billion from Defense Department counterdrug activities and $600 million from the Treasury Department’s asset forfeiture fund.

The president’s adversaries say the emergency declaration was an illegal attempt to ignore Congress, which authorized far less wall spending than Trump wanted.

“We welcome the court’s decision to block Trump’s attempts to sidestep Congress to build deadly walls that would hurt communities living at the border, endanger wildlife, and have damaging impacts on the environment,” said Andrea Guerrero, a member of the Southern Border Communities Coalition.

The administration said Trump was protecting national security as unprecedented numbers of Central American asylum-seeking families arrive at the U.S. border.

Wall construction

It wasn’t a total defeat for the administration.

Gilliam rejected a request by the 20 states to block use of Treasury asset forfeiture funds for border wall construction. The states argued that Trump skirted environmental impact reviews but the judge said they were unlikely to prevail on that point.

The administration has said it plans to use the Treasury money to extend barriers in the Rio Grande Valley.

The courtroom showdowns come amid a flurry of activity to accelerate wall construction. The preliminary injunction applies to the two highest-priority Pentagon-funded wall contracts.

The Defense Department has transferred $2.5 billion to border wall coffers. The Defense Department transferred $1 billion to border wall coffers in March and another $1.5 billion earlier this month. Patrick Shanahan, the acting defense secretary, is expected to decide soon whether to transfer an additional $3.6 billion.

The Army Corps of Engineers recently announced several large contacts with Pentagon funding. Last month, SLSCO Ltd. of Galveston, Texas, won a $789 million award to replace 46 miles of barrier in New Mexico.

Last week, Southwest Valley Constructors of Albuquerque, New Mexico, won a $646 million award to replace 63 miles in the Border Patrol’s Tucson, Arizona, sector. Barnard Construction Co. of Bozeman, Montana, won a $141.8 million contract to replace 5 miles in Yuma and 15 miles in El Centro, California.

Aside from California, states participating in the legal challenge are Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia and Wisconsin.

Don't miss the big stories. Like us on Facebook.
Politics Videos
Bernie Sanders Unveils Affordable Housing Plan - Video
Bernie Sanders sits down with the Las Vegas Review-Journal to talk about his new affordable housing plan he unveiled at Plumbers & Pipefitters.
Jim Marchant talks gun control and Dreamers - Video
Republican Candidate for District 4 Jim Marchant talks about gun control and immigration policies. (Las Vegas Review-Journal)
Hurricanes, Gender, and Science in the Press
Imagine if the mainstream media’s current hurricane-sized obsession with scientific accuracy applied to gender.
Cory Booker on college tuition and minimum wage
Cory Booker talks on the RJ Politics podcast about college debt, informing workers about their rights and livable wages.
Nevada Politics Today: Teacher raises - VIDEO
Jason Goudie, the chief financial officer for the Clark County School District, talks about teacher pay and raises. (Las Vegas Review-Journal)
Media's Double Standard On Incitement And Trump - Video
Over the weekend, an Elizabeth Warren-supporting socialist who opposed gun violence used a rifle to commit a mass murder in Dayton, Ohio. The media has downplayed that aspect of the tragedy.
Project Our Care Tour Kicks Off In Las Vegas
U.S. Rep. Dina Titus joined health care advocates and local residents as part of Protect Our Care’s nationwide bus tour kick off in Las Vegas on Monday, August 5, 2019. (Mat Luschek / Review-Journal)
Bernie Sanders talks about guns, response to El Paso shooting
Sen. Bernie Sanders spoke about his response and continued policy ideas about guns and gun control to the Review-Journal after a panel of other topics. (Rachel Aston/Las Vegas Review-Journal)
Pete Buttigieg On Gun Control And Climate Change - Video
Pete Buttigieg talks about his campaign for the 2020 election and how Nevada is a vision of what the future can be.
Beto O'Rourke speaks in Las Vegas
Presidential candidate Beto O'Rourke spoke to supporters at the East Las Vegas Community Center in Las Vegas, Thursday, Aug. 2, 2019. (Las Vegas Review-Journal)
Former Nevada Senate leader Kelvin Atkinson sentenced to prison
Former Nevada Senate Majority Leader Kelvin Atkinson, who pleaded guilty to misusing campaign funds, was sentenced to 27 months in prison on Thursday, July 18, 2019. (Mat Luschek/Las Vegas Review-Journal)
Trumps Strength is also a Weakness - Video
One of Donald Trump’s greatest strengths — his ability to shape national narratives — is also a great weakness.
Tax the Rich Bus Tour makes a stop in Las Vegas - Video
The Tax the Rich Bus has stopped in Las Vegas as part of its summer tour. (Las Vegas Review-Journal)
Assemblywoman Daniele Monroe-Moreno hosts BBQ - Video
Assembly Woman Daniele Monroe-Moreno hosts BBQ to bring the community together to hear about the candidates up for election and for people to gather and have fun.
Democrat Virtual Caucus - Video
Elizabeth Warren visits Las Vegas
Senator Elizabeth Warren made a campaign stop at the East Las Vegas Community Center on Tuesday July 2, 2019. (Mat Luschek / Review-Journal)
Aaron Ford Speaks About Bill AB431
AB431 is a bill sponsored by Nevada Assembly Speaker Jason Frierson to restore the right to vote for formerly incarcerated individuals. Attorney General Aaron Ford spoke at the AM&E Church in North Las Vegas about the bill, on Monday, July 1, 2019. (Mat Luschek/Las Vegas Review-Journal)
The Right Take: Biden's Racially Questionable Comments
Joe Biden has uttered racially charged statements for years. Now that he’s the frontrunner for the Democrat presidential nomination, he may finally face prolonged scrutiny for them.
Christopher Rufo Discusses Homelessness In The USA - VIDEO
Christopher Rufo discusses homelessness in the United States and how politicians can work to improve conditions for those with drug addictions.
THE LATEST
US alleges visa fraud scheme targeting American research

WASHINGTON — A Chinese government employee was arrested Monday after the Justice Department linked him to a visa fraud scheme intended to help others enter the United States to recruit research talent.