MADISON, Wis. – Attorney General Kaul, as part of a coalition of 20 states, yesterday filed a motion to block the Trump Administration’s attempt to unlawfully divert $1.6 billion in federal funds to build a border wall. The motion was filed in the Northern District of California as part of the coalition’s ongoing lawsuit challenging President Trump’s unconstitutional action to divert funding and resources meant for law enforcement, drug interdiction, and military construction projects. The coalition requests the court immediately stop the Trump Administration from diverting $1.6 billion in funding that Congress intended for state and local law enforcement agencies. Through their motion, the states also seek to protect environmental resources that would be imminently harmed by the construction of a border wall on the southern border in New Mexico.
“Funds that would typically go to Wisconsin shouldn’t be diverted because the President has chosen to disregard the separation of powers,” said Attorney General Kaul. “We’re seeking to stop that from happening.”
“The president’s fear-mongering about a manufactured crisis at the border does nothing to improve public safety or make our communities stronger,” Gov. Evers said. “This unconstitutional emergency declaration actually harms taxpayers and communities by taking resources away from critical law enforcement and military efforts that we know are effective in keeping people safe at home.”
In the motion, the coalition asserts that with his unlawful executive actions President Trump has disregarded the will of Congress and separation of powers principles engrained in the U.S. Constitution. The Trump Administration is attempting to ultimately divert up to $6.7 billion in funding through the Department of Treasury’s Forfeiture Fund, the Department of Defense’s counterdrug account, and military construction projects through its declaration of an emergency. These unlawful actions pose significant harm to the states, who have relied on Treasury Forfeiture Funds to purchase needed law enforcement equipment, staffing, and support of ongoing operations. In addition, any diversion of funds and resources toward the construction of a border wall will cause environmental harm to New Mexico and other border states.
The coalition also argues that the Trump Administration’s actions to divert funding:
Lack statutory authority because the federal government cannot satisfy the criteria it relies on for diversion of the funds and resources;
Violate the U.S. Constitution’s bedrock separation of powers principles by attempting to usurp Congress’s appropriation powers;
Disregard the National Environmental Policy Act by proceeding with construction plans in New Mexico without preparing the required environmental impact statement; and
Pose imminent environmental harm to environmentally sensitive areas on the border of New Mexico where construction of the border wall is imminent.