A judge temporarily ruled the White House cannot construct a wall using Defense Department funds

(Image credit: Joe Raedle/Getty Images)

last updated 25 May 2019

A federal judge in California issued a preliminary injunction on Friday temporarily blocking the government from constructing a wall in two sectors along the U.S.-Mexico border using funds diverted from the Defense Department, throwing a wrinkle into President Trump's national emergency declaration.

Construction was set to begin on Saturday, but the order — which applies specifically to two areas along the border near Yuma, Arizona, and El Paso, Texas, where a total of 51 miles of fencing was set to be built — will put that on hold. The construction of additional segments, announced too late for Friday's decision, will reportedly be taken up in June.

The judge, Haywood S. Gilliam, wrote that Congress' "absolute" control over federal funding is an "essential" feature of the United States government and that Trump's emergency declaration would "pose serious problems under the Constitution's separation of powers principles." The American Civil Liberties Union called the decision a "win for our system of checks and balances." Gilliam's ruling was in response to a lawsuit brought by the Sierra Club and the Southern Border Communities Coalition.

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Tim is a staff writer at The Week and has contributed to Bedford and Bowery and The New York Transatlantic. He is a graduate of Occidental College and NYU's journalism school. Tim enjoys writing about baseball, Europe, and extinct megafauna. He lives in New York City.

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