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Federal judge declares Trump border proclamation unlawful

A federal judge in Texas declared on Friday that President TrumpDonald TrumpWarren says Republican party 'eating itself and it is discovering that the meal is poisonous' More than 75 Asian, LGBTQ groups oppose anti-Asian crime bill McConnell says he's 'great admirer' of Liz Cheney but mum on her removal MORE's proclamation of a national emergency on the southern border is unlawful, blocking the plan to divert funding for a border wall.
 
Judge David Briones of the U.S. District Court for the Western District of Texas said in his opinion that the plan would be blocked after getting input from both sides in a lawsuit for the scope of an injunction.
 
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The lawsuit was brought by El Paso County in Texas and a group called the Border Network for Human Rights.
 
Briones, who was appointed to the court by President Bill ClintonWilliam (Bill) Jefferson ClintonObama calls on governments to 'do their part' in increasing global vaccine supply China's emissions now eclipse the developed world — preventing climate protection Trump endorses Glenn Youngkin in Virginia governors race MORE, ruled that Trump overstepped his authority to divert more funds to border security than what was appropriated by Congress.
 
He also ruled that El Paso has standing to sue the president and members of his Cabinet because the county "suffered reputational and economic injuries" as a result of the administration's rhetoric on the situation at the border and the construction plans that the proclamation entailed.
 
"The longer the President’s Proclamation remains in effect, the more the County’s reputation will be tarnished in the eyes of tourists and developers," the plaintiffs wrote in a filing in April.
 
“Throughout history, democracies have been felled by overzealous leaders who sought to aggrandize their own powers under the banner of real or imagined ‘emergencies,’" Kristy Parker, a lawyer with the nonprofit Protect Democracy who represented the plaintiffs, said in a statement.

"Our Founders were wise enough to anticipate that danger and created a strong separation of powers to prevent that from happening here," Parker added. "Today’s ruling vindicates the Founders’ wisdom and confirms that the president is not a king, and that he cannot override Congress’s power to decide how to appropriate funds."

The White House and Department of Justice did not immediately respond to requests for comment.

Trump prompted a bipartisan backlash when he issued the proclamation in February, shortly after he signed a spending bill passed by Congress that did not raise the border funds he had requested.

The order directed the Pentagon and Department of Homeland Security to divert funds Congress approved for other uses towards border security.

"The current situation at the southern border presents a border security and humanitarian crisis that threatens core national security interests and constitutes a national emergency," Trump said in the proclamation.

House Speaker Nancy PelosiNancy PelosiOn The Money: Inflation jumps at fastest pace since 2008 | Biden 'encouraged' on bipartisan infrastructure deal Overnight Health Care: CDC approves Pfizer vaccine for adolescents aged 12-15 | House moderates signal concerns with Pelosi drug pricing bill | Panel blasts COVID-19 response Biden 'encouraged' by meeting with congressional leaders on infrastructure MORE (D-Calif.) and Senate Minority Leader Chuck SchumerChuck SchumerBiden 'encouraged' by meeting with congressional leaders on infrastructure Republicans welcome the chance to work with Democrats on a bipartisan infrastructure bill Cheney sideshow distracts from important battle over Democrats' partisan voting bill MORE (D-N.Y.) condemned the move at the time, accusing the president of pulling an unconstitutional "power grab" by making up a crisis that doesn't exist.