A federal judge prevents Trump from using defense funds for parts of the border wall

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In a 56-page ruling, Judge Haywood Gilliam, of the Northern District of California, barred the administration from pursuing specific projects in Texas and Arizona, saying that Trump would not be able to disburse the funds without letting him go. Congress approval. The lawsuit behind the decision was filed by the American Civil Liberties Union on behalf of plaintiffs, the Sierra Club and the Southern Border Communities Coalition.

Although Friday's decision does not prevent the Trump government from using funds from other sources to build projects, it's a setback for the president on an important point of the Agenda that has always been thwarted by congressional Democrats. The construction of the projects concerned by the decision could have started on Saturday, according to the decision.

"The position that, when Congress refuses the request for funds from the executive, it can nevertheless find a way to spend these funds" without Congress ", does not correspond to fundamental principles of separation of powers dating the very first days of our Republic, "writes Gilliam, appointed by Barack Obama.

READ: the decision of a federal judge prevented Trump from using defense funds for some parts of the border wall

"As the Court concluded that the plaintiffs are likely to show that the defendants' actions exceeded their legal power, and that irreparable harm would result, a preliminary injunction must be issued pending the expectation of 39, a resolution of the merits of the case ".

This decision comes more than three months after Trump's declaration of a national emergency to divert billions of dollars from the Pentagon for the construction of its border wall. The proclamation resulted in a series of lawsuits.

The lawsuit that motivated Friday's decision argues that the statement was "made solely by disagreement with the congressional decision on the appropriate level of funding, location and timing for the construction of a wall border". He also alleges that the construction of the wall would have a negative impact on the environment and communities along the border.

The ACLU welcomed Gilliam's decision.

"This order is a victory for our system of checks and balances, the rule of law and border communities.The court has blocked all wall projects currently planned for immediate construction.If the administration begins to illegally divert from Additional military funds, we return to court to block this too, "said Dror Ladin, an attorney at the ACLU staff, in a statement.

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