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1 1 (July 5, 2019)

handle is hein.crs/govbaav0001 and id is 1 raw text is: Federal Court Temporarily Blocks a Portion of the Administration's Border Wall Funding Updated July 5, 2019 UPDATE: On June 28, 2019, the federal district court in California issued an injunction permanently prohibiting the Trump Administration from using funds reprogrammed under Section 8005 of the 2019 Department of Defense Appropriations Act to pay for border barrier projects. While the district court's preliminary injunction issued on May 24, 2019 applied only to a subset of the Administration's proposed border barrier projects, the June 28 permanent injunction applies to all of the proposed projects that were to be constructed with funds transferred under Section 8005. The Trump Administration appealed the district court's permanent injunction to the US. Court ofAppeals for the Ninth Circuit and asked that Court to stay the permanent injunction pending appeal. On July 3, the Ninth Circuit denied the Administration's request for a stay. Since the district court's May 24 preliminary injunction, both houses of Congress have continued to move through the annual appropriations process. The House ofRepresentatives has passed its version of the Department of Defense Appropriations Act for FY 2020 and is continuing to consider the National Defense Authorization Act (NDAA) for FY 2020. The House version of the 2020 Defense Appropriations Act contains a provision prohibiting the use offunds for the construction of border barriers, as does the House committee version of the NDAA. Meanwhile, the Senate has passed its version of the NDAA for FY 2020, which does not appear to include such a prohibition. The original post from June 17, 2019 is below. In recent months, the Trump Administration has taken steps to secure additional funds to pay for the construction of barriers along the U.S.-Mexico border, and various entities have brought suits challenging the lawfulness of those actions. On May 24, 2019, the U.S. District Court for the Northern District of California issued a preliminary injunction in one lawsuit, Sierra Club v. Trump, barring the Administration from using funds reprogrammed under Section 8005 of the 2019 Department of Defense Appropriations Act to pay for specified barrier construction proj ects in New Mexico and Arizona while the lawsuit is pending. But the court declined to issue a preliminary injunction with respect to any construction project not involved in that lawsuit (even if Section 8005 is used to fund the project) or to opine on the lawfulness of the Trump Administration's other proposed funding sources. Congressional Research Service https://crsreports.congress.gov LSB10310 CRS Legal Sidebar Prepared for Members and Committees of Congress

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