Subsequent Trump-Era and Court Action(s)

• January 14, 2020

  NY Times: Trump Plans to Divert Additional $7.2 Billion From Military to Wall

  President Trump plans to divert an additional $7.2 billion in military funding for the construction of a wall on the southern border, according to two people familiar with the plans, as officials rush to show major progress on his signature campaign promise in time for the 2020 election. The money would be stripped from Defense Department construction and counterdrug projects, the officials said, and amounts to even more than the billions the administration transferred from the Pentagon last year to pay for Mr. Trump’s border wall.

  Go to article on nytimes.com
• July 31, 2020

  Supreme Court allows border-wall construction to continue

  By a vote of 5-4, the Supreme Court declined to lift a stay that prohibited the federal government from spending certain federal funds on construction while a legal challenge to the wall continues. On Oct. 19, 2020 the Supreme Court granted certiorari in the Sierra Club v. Trump and California v. Trump cases. See SCOTUS Docket No. 20-138. On Feb. 3, 2021, SCOTUS cancelled the upcoming oral argument in a brief order responding to the new administration's request for time to assess "the legality of the funding and contracting methods used to construct the wall."
  
  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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• October 9, 2020

  Sierra Club v. Trump, No. 19-17501 (9th Cir., Oct. 9, 2020).

  Ninth Circuit decision holding that Section 2808 did not authorize the challenged border wall construction projects.

  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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• December 4, 2020

  El Paso County v. Trump

  In parallel litigation in Texas, the District Court preliminarily enjoined the diversion of military funds to border wall construction. However, a split Fifth Circuit reversed the injunction on appeal, and dismissed the suit for lack of jurisdiction as the plaintiffs lacked standing. According to the majority, neither El Paso County nor the organization Border Network for Human Rights had standing to bring the challenge. El Paso County v. Trump, 982 F.3d 332 (5th Cir. 2020).

  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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• July 2, 2021

  Joseph R. Biden, Jr., President of the United States, et al., Petitioners v. Sierra Club, et al.

  On July 2, 2021, SCOTUS granted the government's opposed motion to vacate and remand Biden v. Sierra Club. The order requires vacatur of the Ninth Circuit and district court judgments, adding: "The District Court should consider what further proceedings are necessary and appropriate in light of the changed circumstances in this case."

  Go to article on supremecourt.gov
• October 21, 2021

  2021.10.21 Missouri v. Biden, No. 6:21-cv-00052 (S.D. Texas, Oct. 21, 2021).

  On October 21, 2021, Missouri and Texas filed suit against the Biden administration for refusing to use funds appropriated by Congress for a southern border wall and for terminating contracts to perform construction on the wall.

  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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• Trump Administration Diverts $3.8 Billion In Pentagon Funding To Border Wall

  The Trump administration notified Congress that it plans to divert $3.8 billion from the Defense Department's budget to build the border wall. The move drew bipartisan criticism, including from the top Republican on the House Armed Services Committee, Texas Rep. Mac Thornberry.

  Go to article on npr.org