This case challenged President Trump's use of presidential emergency powers to allocate funds to build a wall on the U.S.-Mexico border.

On February 20, 2019, El Paso County of Texas and Border Network for Human Rights, Inc. filed this lawsuit in the U.S. District Court for the Western District of Texas. The plaintiffs sued President Trump and the Departments of Defense, Homeland Security, Interior, and Treasury for unlawfully funding barriers at the U.S.-Mexico border. The plaintiffs, represented by The Protect Democracy Project, Niskanen Center, Willkie Farr & Gallagher LLP, and others, sought declaratory and injunctive relief to stop the defendants from taking any action under the President’s Proclamation of February 15, 2019, which declared a national emergency on the U.S.-Mexico border.

Specifically, the complaint alleged that President Trump exerted power beyond constitutional and statutory limits by seeking to allocate funds for a border wall that Congress did not appropriate. On February 2019, Congress passed the 2019 Consolidated Appropriations Act, which allocated $1.375 billion in funding for fencing in specific locations along the southern border. President Trump then issued the Proclamation in order to access additional funds for the construction of a border wall under the National Emergencies Act (“NEA”), 50 U.S.C. § 1601 et seq., citing 10 U.S.C. § 2808, the military construction statute, as a funding source. The complaint alleged that the defendants violated the Constitution by usurping Congress' exclusive power to appropriate funds, the Administrative Procedure Act (5 U.S.C. §§ 551 et seq.) by implementing the Proclamation in an arbitrary and capricious manner, and the NEA itself because no national emergency existed.

The plaintiffs filed an amended complaint on April 25, 2019, which emphasized the plaintiffs' allegations that the Proclamation would harm El Paso County's tourism and economic development. On the same day, the plaintiffs filed a motion for summary judgment or, in the alternative, a preliminary injunction. The defendants also filed a motion for summary judgment on June 10, 2019, claiming, among other things, that the plaintiffs lacked standing and failed to satisfy APA requirements for review of agency action.

The court (Judge David Briones) granted plaintiff’s motion for summary judgment or, in the alternative, a preliminary injunction and denied the defendant’s motion for summary judgment on October 11, 2019. The court determined that the plaintiffs had standing and the Proclamation was invalid as a matter of law; it also asked the plaintiffs to submit a proposal for injunctive relief. 408 F. Supp 3d 840.

On December 10, 2019, Judge Briones granted a permanent injunction against the use of funds appropriated for “military construction” under 10 U.S.C. § 2808 for border wall construction. The Court also declared the Proclamation unlawful. 407 F. Supp. 3d 655. On the same day, the defendants filed a notice of appeal. The defendants filed a motion to stay the permanent injunction, pending appeal, on December 16, 2019. Judge Briones denied the motion the next day.

This case is ongoing.

Kevin Longhany - 11/21/2019
Bogyung Lim - 02/25/2020


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