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Immigration Law

CA9: Trump Can't Use DoD Money for Border Wall

Sierra Club v. Trump

"We consider in this appeal challenges by the Sierra Club and the Southern Border Communities Coalition (“SBCC”)1 to the Department of Defense’s budgetary transfers to fund construction of the wall on the southern border of the United States in California, New Mexico, and Arizona. Specifically, we consider whether Section 8005 and Section 9002 of the Department of Defense Appropriations Act of 2019, Pub. L. No. 115-245, 132 Stat. 2981 (2018) (“Section 8005”)2 authorized the budgetary transfers. In a companion appeal, State of California, et al. v. Trump et al., Nos. 19-16299 and 19-16336, we considered similar challenges filed by a collective group of States. However, because Sierra Club asserts different legal theories, and this case, when presented, was in a different procedural posture, we treat this appeal separately. We conclude that the transfers were not authorized, and that plaintiffs have a cause of action. We affirm the judgment of the district court."

California v. Trump

"This appeal presents the question of whether the Department of Defense Appropriations Act of 2019 authorized the Department of Defense (“DoD”) to make budgetary transfers from funds appropriated by Congress to it for other purposes in order to fund the construction of a wall on the southern border of the United States in California and New Mexico. We conclude that the transfers were not authorized by the terms of the Act, and we affirm the judgment of the district court."