TOPSHOT - US President Donald Trump visits the US-Mexico border fence in Otay Mesa, California on September 18, 2019. (Photo by Nicholas KAMM / AFP)        (Photo credit should read NICHOLAS KAMM/AFP via Getty Images)
NICHOLAS KAMM/AFP via Getty Images
TOPSHOT - US President Donald Trump visits the US-Mexico border fence in Otay Mesa, California on September 18, 2019. (Photo by Nicholas KAMM / AFP) (Photo credit should read NICHOLAS KAMM/AFP via Getty Images)
Now playing
02:34
What it would take to build Trump's border wall
Rep. Marjorie Taylor Greene (R-GA) speaks during a press conference outside the U.S. Capitol on February 5, 2021 in Washington, DC. The House voted 230 to 199 on Friday evening to remove Rep. Marjorie Taylor Greene (R-GA) from committee assignments over her remarks about QAnon and other conspiracy theories.
Drew Angerer/Getty Images
Rep. Marjorie Taylor Greene (R-GA) speaks during a press conference outside the U.S. Capitol on February 5, 2021 in Washington, DC. The House voted 230 to 199 on Friday evening to remove Rep. Marjorie Taylor Greene (R-GA) from committee assignments over her remarks about QAnon and other conspiracy theories.
Now playing
03:20
Marjorie Taylor Greene lashes out at media after backlash over controversial caucus
AP
Now playing
03:16
Maxine Waters: Jim Jordan is a bully and I shut him down
US Representative Marjorie Taylor Greene, Republican of Georgia, leaves her office on Capitol Hill on February 4, 2021 in Washington, DC.
NICHOLAS KAMM/AFP/Getty Images
US Representative Marjorie Taylor Greene, Republican of Georgia, leaves her office on Capitol Hill on February 4, 2021 in Washington, DC.
Now playing
03:51
Marjorie Taylor Greene launching 'America First' caucus
US President Joe Biden delivers remarks on Russia at the White House in Washington, DC on April 15, 2021. - The United States announced sanctions and the expulsion of 10 Russian diplomats Thursday in retaliation for what Washington says is the Kremlin's US election interference, a massive cyberattack and other hostile activity.
JIM WATSON/AFP/Getty Images
US President Joe Biden delivers remarks on Russia at the White House in Washington, DC on April 15, 2021. - The United States announced sanctions and the expulsion of 10 Russian diplomats Thursday in retaliation for what Washington says is the Kremlin's US election interference, a massive cyberattack and other hostile activity.
Now playing
02:22
White House backtracks on refugees decision after criticism
Biden speaks from the Treaty Room in the White House on April 14, 2021 in Washington, DC.
Andrew Harnik/Pool/Getty Images
Biden speaks from the Treaty Room in the White House on April 14, 2021 in Washington, DC.
Now playing
02:44
'National embarrassment': Biden reacts to mass shootings
MOSCOW, RUSSIA - APRIL 15:  Russian President Vladimir Putin (L) talks to talks to Foreign Minister Sergey Lavrov during a meeting with Uzbekistan President Islam Karimov in the Kremlin on April 15, 2013 in in Moscow, Russia. Karimov is on a state visit to Russia. (Photo by Sasha Mordovets/Getty Images)
Sasha Mordovets/Getty Images
MOSCOW, RUSSIA - APRIL 15: Russian President Vladimir Putin (L) talks to talks to Foreign Minister Sergey Lavrov during a meeting with Uzbekistan President Islam Karimov in the Kremlin on April 15, 2013 in in Moscow, Russia. Karimov is on a state visit to Russia. (Photo by Sasha Mordovets/Getty Images)
Now playing
02:07
Russia to expel 10 US diplomats in 'tit-for-tat response' to Biden sanctions
Now playing
03:10
Avlon: Here's what we know 100 days since the Capitol riot
A Russian flag flies next to the US embassy building in Moscow on October 22, 2018. - US national security advisor John Bolton is in Moscow holding meetings with senior Russian officials following Washington's weekend announcement of withdrawal from the Cold War-era Intermediate-Range Nuclear Forces Treaty, known as the INF. (Photo by Mladen ANTONOV / AFP)        (Photo credit should read MLADEN ANTONOV/AFP via Getty Images)
Mladen Antonov/AFP/Getty Images
A Russian flag flies next to the US embassy building in Moscow on October 22, 2018. - US national security advisor John Bolton is in Moscow holding meetings with senior Russian officials following Washington's weekend announcement of withdrawal from the Cold War-era Intermediate-Range Nuclear Forces Treaty, known as the INF. (Photo by Mladen ANTONOV / AFP) (Photo credit should read MLADEN ANTONOV/AFP via Getty Images)
Now playing
02:17
Political scientist: US-Russia relations are in the toilet
WASHINGTON, DC - JUNE 13: Rep. Michelle Lujan Grisham (D-NM) speaks during a news conference on immigration to condemn the Trump Administration's "zero tolerance" immigration policy, outside the US Capitol on June 13, 2018 in Washington, DC. (Photo by Toya Sarno Jordan/Getty Images)
Toya Sarno Jordan/Getty Images
WASHINGTON, DC - JUNE 13: Rep. Michelle Lujan Grisham (D-NM) speaks during a news conference on immigration to condemn the Trump Administration's "zero tolerance" immigration policy, outside the US Capitol on June 13, 2018 in Washington, DC. (Photo by Toya Sarno Jordan/Getty Images)
Now playing
02:39
Governor settles with former campaign staffer who accused her of sexual mistreatment
pool/cnn
Now playing
01:56
Hear what Dr. Gupta said when Cruz went maskless before
Now playing
02:30
Biden's decision to withdraw from Afghanistan is personal for this lawmaker
President Joe Biden speaks from the Treaty Room in the White House on Wednesday, April 14, 2021, about the withdrawal of the remainder of U.S. troops from Afghanistan.=
Andrew Harnik/AP
President Joe Biden speaks from the Treaty Room in the White House on Wednesday, April 14, 2021, about the withdrawal of the remainder of U.S. troops from Afghanistan.=
Now playing
02:10
Why Biden made his Afghanistan announcement in this particular room
U.S. President Joe Biden speaks from the Treaty Room in the White House about the withdrawal of U.S. troops from Afghanistan on April 14, 2021 in Washington, DC. President Biden announced his plans to pull all remaining U.S. troops out of Afghanistan by September 11, 2021 in a final step towards ending America's longest war.
Andrew Harnik/Pool/Getty Images
U.S. President Joe Biden speaks from the Treaty Room in the White House about the withdrawal of U.S. troops from Afghanistan on April 14, 2021 in Washington, DC. President Biden announced his plans to pull all remaining U.S. troops out of Afghanistan by September 11, 2021 in a final step towards ending America's longest war.
Now playing
01:03
Biden: It's time to end the forever war
Kinzinger
CNN
Kinzinger
Now playing
05:56
What Republican lawmaker fears after US troops leave Afghanistan
Rep. Matt Gaetz, R-Fla., questions witnesses during a House Armed Services Committee hearing on Capitol Hill, Wednesday, April 14, 2021, in Washington.
Manuel Balce Ceneta/AP
Rep. Matt Gaetz, R-Fla., questions witnesses during a House Armed Services Committee hearing on Capitol Hill, Wednesday, April 14, 2021, in Washington.
Now playing
02:59
Women detail late-night parties with Gaetz
(CNN) —  

A federal appeals court allowed the administration to use a certain set of Defense Department funds for the construction of the border wall after a lower court blocked the administration from dipping into them last month.

The ruling marks a victory for President Donald Trump, who has sought to shore up funds for his signature border wall. The money is separate from other funds that the Supreme Court allowed to be used last year.

In a 2-1 ruling, the 5th Circuit Court of Appeals granted a stay of a Texas judge’s order, which the administration had appealed. The case is still ongoing.

The use of Defense Department funds for the President’s border wall has received pushback from numerous groups and states, which have argued the administration circumvented Congress to shore up wall funds.

The latest ruling applies to the military construction funds. Last September, Secretary of Defense Mark Esper authorized diverting $3.6 billion in the construction funds for 11 wall projects on the southern border with Mexico. The Pentagon said at the time that half the money was coming from deferred projects overseas, and the other half was planned for projects in the US.

The ruling doesn’t apply to the use of other funds, including counter-drug and Treasury Forfeiture Funds, that have been designated for wall construction.

In February 2019 Trump ended a 35-day government shutdown when Congress gave him $1.4 billion in wall funding, far less than he had sought. He subsequently declared a national emergency to get money from other government accounts to construct sections of the wall.

“We don’t control our own border,” Trump claimed at the time. “We’re going to confront the national security crisis on our southern border and we’re going to do it – one way or the other we have to do it.”

Trump has repeatedly made claims about “tremendous amounts of drugs” crossing into the US from the southern border – even though the majority of those drugs come through ports of entry – and addressed the issue of human trafficking.

The lawsuit, brought by El Paso County, Texas, and Border Network for Human Rights, argued that Trump overstepped his authority when he issued a national emergency declaration to gain access to additional funds for his border wall, despite receiving the $1.375 billion from Congress.

Kristy Parker, counsel at the nonpartisan nonprofit Protect Democracy, emphasized in a news release Wednesday that “a court has already determined that the government can’t lawfully use military construction funds to build Trump’s border wall.”

“It’s unfortunate that the people of El Paso will continue to suffer harm while the government appeals, but we’re confident that we’ll prevail again in this next stage of litigation,” she said.