A federal judge in Washington has ordered the Trump administration to release billions of dollars in foreign aid that Congress had already approved, ruling that the president overstepped his authority by attempting to block the funds.
U.S. District Judge Amir Ali issued a preliminary injunction on Wednesday, directing the administration to immediately release $11.5 billion in appropriations set to expire at the end of the month. The ruling represents a significant rebuke of President Donald Trump’s attempt to sidestep congressional authority over government spending.
- Advertisement -
“To be clear, no one disputes that Defendants have significant discretion in how to spend the funds at issue, and the Court is not directing Defendants to make payments to any particular recipients,” Ali wrote. “But Defendants do not have any discretion as to whether to spend the funds.”
The administration quickly filed a notice of appeal Thursday, and neither the White House nor the State Department responded to requests for comment.
At the center of the dispute is Trump’s use of a rarely invoked budgetary maneuver known as a pocket rescission. On August 28, he informed House Speaker Mike Johnson that he would withhold $4.9 billion in congressionally approved foreign aid, arguing that the money amounted to wasteful spending that undermined his foreign policy agenda. By submitting the notice so late in the fiscal year, the administration ensured that Congress would not have the 45-day window required to act, effectively freezing the funds.
It was the first time in nearly 50 years that a president attempted such a move. Judge Ali, however, ruled that the law is explicit: only congressional approval, not a presidential message, can trigger rescission of appropriated funds.
The blocked aid includes nearly $4 billion earmarked for the U.S. Agency for International Development (USAID) for global health programs, as well as more than $6 billion to support international HIV and AIDS initiatives. Nonprofit groups that sued the administration argued that the funding freeze jeopardized lifesaving programs abroad and violated federal spending laws.
Earlier this summer, a divided appeals court panel briefly sided with the administration, allowing the funds to remain on hold. That decision was later revised, reviving the lawsuit and leading to Ali’s ruling.
In his opinion, Ali acknowledged that his injunction is unlikely to be the final word. “This case raises questions of immense legal and practical importance,” he wrote, noting that higher court guidance would ultimately be needed on whether the executive branch has unchecked power to withhold congressionally appropriated funds.
The case underscores a recurring constitutional clash over the power of the purse. While presidents have broad discretion in executing foreign policy, the Constitution vests spending authority in Congress—a balance of power that Ali made clear cannot be overridden by unilateral executive action.