A federal judge has ordered the Trump administration — once again — to pay USAID partners for billions of dollars in foreign aid work completed before Feb. 13. But this time, the judge’s mandate came with a warning: The president does not have “unbounded power” in the realm of foreign affairs. And because of that, the Trump administration must spend the money that’s already been appropriated by Congress.
“The constitutional power over whether to spend foreign aid is not the President’s own — and it is Congress’s own,” wrote U.S. District Judge Amir Ali in a preliminary injunction filed Monday night. “The Court accordingly finds that Plaintiffs are likely to succeed on their separation of powers claims and rejects Defendants’ unbridled understanding of the President’s foreign policy power.”
To that end, Ali blocked the government from “unlawfully impounding congressionally appropriated funds” — in other words, U.S. President Donald Trump cannot refuse to spend money that’s already been allocated by Congress.
About the author
Elissa Miolene
Elissa Miolene reports on USAID and the U.S. government at Devex. She previously covered education at The San Jose Mercury News, and has written for outlets like The Wall Street Journal, San Francisco Chronicle, Washingtonian magazine, among others. Before shifting to journalism, Elissa led communications for humanitarian agencies in the United States, East Africa, and South Asia.
