Appeals Court Rules Against Trump ; Appropriation of Military Funds Illegal

Last week, the U.S. Court of Appeals for the 9th District decreed that Trump’s use of the $3.6 billion military funds for the US-Mexico border wall is illegal. That being the case, Trump’s plans on furthering the construction of certain sections of the border wall has been ordered to stop immediately.

Atty. Dror Ladin, a senior staff lawyer of the American Civil Liberties Union (ACLU) National Security Project said the Court of Appeals ruling only confirms that Trump‘s use of National Emergency powers was unconstitutional; using border communities and immigrants as reasons for the emergency purpose. Atty. Ladin said it’s high time for Trump to desist from using government funds for his needless and illicit projects

Why Trump’s Border Wall Expansion Project was Judged Illegal

Under the constitutionally recognized structure of government, only Congress has the power to allocate government funds as annual budgets of different government departments. Not satisfied with the $1.4 billion allocated by Congress to fund his border wall expansions project, Trump ordered the transfer of $3.6 billion military allocation as additional funds. Notwithstanding that Congress appropriated those funds for military construction purposes.

 

On the other hand, an incumbent U.S. president can use National Emergency powers only when the security of the entire country is at stake.

Claiming that he can do anything he wants as president of the United States, Trump cited the heavy flow of immigrants passing through Mexico borders toward U.S. soil, as threats to national security. Despite the flimsiness of the reason, Donald Trump gave orders to the Department of Homeland Security to proceed with the U.S.-Mexico border wall expansion and construction.