Federal Judge Orders Release of Foreign Aid Funds
A federal judge has mandated that the Trump administration must release billions in foreign aid approved by Congress, which President Trump indicated he would withhold last week.
U.S. District Judge Amir Ali made his ruling on Wednesday, stating that the administration’s decision to hold back these funds is likely unlawful.
He issued a temporary injunction for the release of about $11.5 billion, which is set to expire at the end of September.
Ali noted, “The accused will not contest that he has significant discretion in how the funds are used. However, the defendant has no discretion as to whether or not to use the funds.” He was appointed by President Biden.
Messages sent to the White House and State Department were not returned promptly, and the administration has filed an appeal.
On August 28, Trump indicated to House Majority Leader Mike Johnson that he would not allocate $4.9 billion in foreign aid approved by Congress, effectively cutting the budget without legislative approval.
This action, referred to as a pocket retraction, involves submitting a request to Congress near the end of a budget year to prevent the spending of approved funds.
The late request prevents Congress from acting within the required 45-day response period, meaning that the funds would remain unused.
This tactic marks the first time a president has taken such an action in nearly five decades. With the fiscal year ending in September, Ali emphasized that any decision to withhold funds must be backed by Congressional approval.
He stated that the law “explicitly requires Congressional action rather than a special message from the president to withdraw previously allocated spending.”
The disputed funds include around $4 billion for HIV and AIDS programs and more than $6 billion intended for global health initiatives managed by USAID.
Trump had characterized this funding as unnecessary, arguing it did not align with his foreign policy aims. In January, he issued an executive order to freeze foreign aid spending.
A nonprofit organization that sued the government claimed that the funding freeze violated federal law and disrupted essential lifesaving programs abroad.
A divided appeals court initially ruled that the administration could halt funding. However, that ruling was revisited and brought back to Judge Ali.
In his decision, Ali acknowledged that this ruling isn’t the final resolution, stating, “now the definitive High Court guidance is useful.”
He added, “This case raises significant legal and practical questions about whether the administration’s decision not to spend Congress-allocated funds can be challenged.”
