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A federal judge temporarily blocked Friday the Trump administration's plan to spend billions of dollars for the construction of a wall on the US-Mexico border with funds from the Department of Defense.
The decision of US District Court Judge Haywood Gilliam applies to the construction of walls in specific areas in El Paso, Texas, and Yuma, Arizona. Trump declared a national emergency in February to reorient Defense Department funds to begin construction of its long-promised border wall.
"In short, the position that when Congress refuses demand for executive funds, it can simply find a way to spend these funds" without Congress "does not go along with principles of separation fundamental powers that go back to the first days of our life. Republic, "wrote Gilliam, who was appointed to the bench by former President Barack Obama.
In this archival photo of November 21, 2018, two Hondurans posing as photographers, on the left, take their picture after the group climbed the border wall separating Tijuana (Mexico) and San Diego, before descending to the Mexican side. , seen from San Diego. (AP Photo / Gregory Bull, File)
THIS LEFT HANDLING CHANGE IN AIRPORTS CAN BE USED TO HELP BORDER OPERATIONS OF THE FUND
The move was a congressional solution, which had not yielded to his requests to finance the fence. The wall was the promise of Trump's signature. Gilliam 's decision does not prevent the Trump administration from using other sources to fund the wall.
He said Trump's plan to divert funds from the Pentagon for the construction of border walls was unconstitutional, as the argument invoked by the White House applied to unforeseen needs, Politico said.
"The argument of the defendants that the funding requested for the construction of border barriers was" unforeseen "can not logically be paralleled with the multiple requests for funding sent by the Administration for this purpose since at least early 2018," wrote the Obama candidate.
The Department of Justice did not immediately respond to a request for comments from Fox News.
Trump said the national emergency situation after a confrontation between him and the Democrats over the financing of the border wall, which resulted in the partial closure of the government for 35 days.
About 20 states, environmental groups and civil liberties continued the administration to stop the construction of the wall.
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"This order is a victory for our system of checks and balances, the rule of law and border communities," said Dror Ladin, a lawyer for the National Security Project of the American Civil Liberties Union, in a statement. "The court has blocked all wall projects currently planned for immediate construction. If the administration begins to illegally divert additional military funds, we will again be brought to justice to block that as well. "
The ACLU has filed a petition on behalf of the Sierra Club and the Southern Border Communities Coalition to block the construction of walls.
This is a story in development. Check back with Fox News for updates.
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