A look at the laws the Trump administration is waiving or violating in order to build as much border fence as possible before the president’s term ends.
A Defense Department notification to Congress that it is transferring $3.8 billion to the Department of Homeland Security for construction of border fencing, in accordance with President Donald Trump’s emergency declaration. (link at comptroller.defense.gov)
An explanation of how the Trump administration has wrested billions of dollars in money from elsewhere in the federal budget in order to fund wall-building without congressional approval.
- The Trump administration is planning to divert an additional $7.2 billion in Pentagon funding for border wall construction in 2020, according to documents obtained by U.S. media. This would bring the total federal funds allocated to border fencing to $18.4 billion. There is bipartisan opposition to the diversion, as more congressionally approved renovation and construction plans for U.S. military installations risk losing their funding.
- The American Civil Liberties Union (ACLU) files an emergency motion asking the 9th U.S. Circuit Court of Appeals in San Francisco to halt the Trump administration’s use of $3.6 billion in military construction funds for border wall construction in California, Arizona, New Mexico, and Texas. A day earlier, the 5th Circuit had allowed the funds transfer to proceed. The motion was filed on behalf of the Sierra Club and the Southern Border Communities Coalition. It argues that the Trump administration’s claim of an urgent need for the funding was transparently false. California and eight other states support the ACLU’s request in a separate filing.
- The 5th U.S. Circuit Court of Appeals places a stay on a December 10 lower court ruling that blocked the Trump administration from using $3.6 billion in military construction funds to build the wall along the southern border. Those funds account for a third of about $10 billion the Trump administration had allocated for border construction though fiscal 2019, via budget appropriations and “emergency” transfers from the defense budget.