upper waypoint

Oakland Judge Stops Trump From Using $2.5 Billion to Build Border Wall

Save ArticleSave Article
Failed to save article

Please try again

A sign hangs on the wall which separates the United States and Mexico on January 25, 2019 in Calexico, California. A judge in Oakland has again ruled against the Trump administration's efforts to use military funds to build portions of the border wall. (Scott Olson/Getty Images)

A federal judge on Friday prohibited President Donald Trump from tapping $2.5 billion in military funding to build high-priority segments of his prized border wall in California, Arizona and New Mexico.

Judge Haywood S. Gilliam, Jr. in Oakland acted in two lawsuits filed by California and by activists who contended that the money transfer was unlawful and that building the wall would pose environmental threats.

"All President Trump has succeeded in building is a constitutional crisis, threatening immediate harm to our state," said California Attorney General Xavier Becerra, who led a 20-state coalition of attorneys general in one lawsuit.

Speaking Saturday at a press conference marking the end of the Group of 20 summit in Osaka, Japan, Trump called the decision "a disgrace."

"So we're immediately appealing it, and we think we'll win the appeal," he went on to say. "There was no reason that that should have happened. And a lot of wall is being built."

Sponsored

The decisions are in line with Gilliam's ruling last month that blocked work from beginning on two of the highest-priority projects — one spanning 46 miles in New Mexico and another covering 5 miles in Yuma, Arizona.

But the fight is far from over. The U.S. 9th Circuit Court of Appeals is expected to take up the same issue of using military money next week.

More Coverage of the Border

At issue is President Donald Trump's February declaration of a national emergency so that he could divert $6.7 billion from military and other sources to begin construction of the wall, which could have begun as early as Monday.

Trump declared the emergency after losing a fight with the Democratic-led House that led to a 35-day government shutdown.

The president identified $3.6 billion from military construction funds, $2.5 billion from Defense Department counterdrug activities and $600 million from the Treasury Department's asset forfeiture fund.

The judge Friday didn't rule on funding from the military construction and Treasury budgets.

In the second suit, brought by the American Civil Liberties Union on behalf of Sierra Club and the Southern Border Communities Coalition, the judge determined that the use of the $2.5 billion for two sectors of the wall was unlawful, although he rejected environmental arguments that wall construction would threaten species such as bighorn sheep.

lower waypoint
next waypoint
At Least 16 People Died in California After Medics Injected Sedatives During Police EncountersPro-Palestinian Protests Sweep Bay Area College Campuses Amid Surging National MovementCalifornia Regulators Just Approved New Rule to Cap Health Care Costs. Here's How It Works9 California Counties Far From Universities Struggle to Recruit Teachers, Says ReportWomen at Troubled East Bay Prison Forced to Relocate Across the CountryLess Than 1% of Santa Clara County Contracts Go to Black and Latino Businesses, Study ShowsUS Department of Labor Hails Expanded Protections for H-2A Farmworkers in Santa RosaAs Border Debate Shifts Right, Sen. Alex Padilla Emerges as Persistent Counterforce for ImmigrantsCalifornia Law Letting Property Owners Split Lots to Build New Homes Is 'Unconstitutional,' Judge RulesInheriting a Home in California? Here's What You Need to Know