A federal appeals court in New Orleans lifted an order by a lower court blocking the Trump administration from accessing $3.6 billion in funding for construction of new barriers along the U.S.-Mexico border.
The 5th U.S. Circuit Court of Appeals ruled Wednesday to reverse an injunction from U.S. District Court Judge David Briones, which blocked $3.6 billion in military construction funds for the border wall plan.
Briones’ ruling came in response to a lawsuit by the City of El Paso and the group Border Network for Human Rights to stop President Trump from utilizing the money to build new border barriers and improve existing ones in that portion of Texas.
But the appeals court overturned his ruling in a 2-1 ruling along ideological lines.
Briones’s move came after the City of El Paso, Texas, and the Border Network for Human Rights organization sued the Trump administration to stop him from using the funds to enhance wall and fencing in the southwestern portion of the state. However, the appeals court, which fell along ideological lines, lifted the block and featured just one dissenting opinion.
“Although I agree with my colleagues that this matter presents ‘a substantial case on the merits’ and involves a ‘serious legal question…’ I am unable to agree, without focused panel deliberation and discussion — possibly aided by dialogue with counsel — that the government presently has shown either a likelihood of success on the merits or irreparable harm in the absence of a stay,” Judge Stephen Higginson said in his dissent.
In a tweet, President Trump hailed the victory.
“The Fifth Circuit Court of Appeals just reversed a lower court decision & gave us the go ahead to build one of the largest sections of the desperately needed Southern Border Wall, Four Billion Dollars. Entire Wall is under construction or getting ready to start!” he wrote.
While the ruling allows the government to continue considering new border fence projects, it’s likely the ruling will be appealed.