Border wall

Military Funding for Trump Border Wall Construction ‘Unlawful,' Appeals Court Rules

President Donald Trump participates in a ceremony commemorating the 200th mile of border wall at the international border with Mexico in San Luis, Arizona, June 23, 2020.
Photo by SAUL LOEB/AFP via Getty Images

The Trump administration does not have the authority to use military funding to pay for construction of a border wall, a federal appeals court panel ruled on Friday, NBC News reported.

In a 2-1 ruling, a 9th U.S. Circuit Court of Appeals panel found that diverting $2.5 billion Congress had appropriated for the military violated the Constitution and is unlawful.

The executive branch "lacked independent constitutional authority to authorize the transfer of funds," the ruling said.

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