The House of Representatives filed a motion Tuesday asking a federal court to block the construction of President Donald Trump’s signature border wall through funds identified in his emergency declaration before it starts next month.
“Absent this Court’s timely intervention, defendants are poised to begin construction on the border wall next month, using funds that Congress declined to appropriate for that purpose,” the filing reads. “This Court should therefore issue a preliminary injunction to prevent that irreparable injury to the House.”
The Democrat-led House sued earlier this month, arguing that Trump’s decision to transfer funds from appropriated accounts to a southern border wall violates the Appropriations Clause of the Constitution. The clause – found in Article I, Section 8 – gives Congress power over the designation of federal spending.
The House cites funds appropriated for the construction of the wall. In a spending package passed earlier this year, Congress provided $1.375 billion for approximately 55 miles of new barriers in the Rio Grande Valley sector, far less than the $5.7 billion the President requested.
Trump’s national emergency declaration allowed him to circumvent Congress to unlock additional funds.
There are six other cases challenging the declaration pending.