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SAN FRANCISCO 鈥� The Ninth Circuit Court of Appeals last night ruled that President Trump鈥檚 use of emergency powers to divert $3.6 billion in military construction funds for the border wall is unlawful. The ruling came in a lawsuit, Sierra Club v. Trump, filed by the American Civil Liberties Union on behalf of the Sierra Club and Southern Border Communities Coalition challenging President Trump鈥檚 abuse of emergency powers to build a border wall using funds Congress explicitly denied. Although the district court previously stayed its own injunction blocking these sections of wall, the court of appeals order lifts that stay and requires that construction cease immediately.

鈥淭he courts have once again confirmed what everyone knows: Trump鈥檚 fake 鈥榥ational emergency鈥� was just another pretext for targeting immigrants and border communities,鈥� said Dror Ladin, senior staff attorney with the ACLU鈥檚 National Security Project. 鈥淚t鈥檚 past time for Trump to finally give up on trying to raid the federal budget for his wasteful and illegal project.鈥�

The district court last year and the Ninth Circuit Court of Appeals earlier this year ruled that President Trump鈥檚 attempt to circumvent Congress and transfer $2.5 billion in military pay and pension funds for border wall construction is also unlawful. The district court blocked the illegal wall construction, but because of a temporary Supreme Court stay on the district court鈥檚 order, the Trump administration has continued construction using funds unauthorized by Congress.

The Supreme Court has not addressed the billions of dollars subject to today鈥檚 ruling, which concern different statutory authorities.

President Trump declared a national emergency on February 15, 2019, to secure border wall funds Congress denied him. While declaring the emergency, President Trump stated that he 鈥溾�� but he鈥檇 prefer to build the wall 鈥渕uch faster.鈥� He added that he declared a national emergency because he was 鈥渘ot happy鈥� that Congress 鈥渟kimped鈥� on the wall by denying him the billions he demanded.

Construction of the border wall has desecrated tribal lands, leveled wildlife preservations, and destroyed border communities.

Below is additional comment from:

Gloria Smith, managing attorney at the Sierra Club: 鈥�Today鈥檚 decision is monumental for border communities, wildlife and lands. The 9th Circuit court put a stop to Trump鈥檚 unconstitutional wall construction with stolen military funds. We should be protecting communities, our democracy, and the environment, not tearing these things apart as Trump was doing. We rise with border communities to stop this administration from further inflicting its relentless agenda 鈥� and will continue fighting illegal wall construction at all levels.鈥�

Vicki B. Gaubeca, director of the Southern Border Communities Coalition:

"This is a much welcomed reprieve for border communities who have been trampled and scarred by deadly walls that undermine our binational and multicultural character. Trump's vanity wall has led to the destruction of our environment, risks extinction of endangered wildlife, and has desecrated tribal, sacred lands, all to become a narcissist's campaign prop. We need to put an end to immoral, inhumane and wasteful border policies and usher in a new era where people are safe and where we treat others with dignity and respect."