Office of the Vermont Attorney General

Attorney General Donovan Files Motion to Block Diversion of Funds And Resources for Construction of a Border Wall

April 5, 2019

Contact: Charity Clark, Chief of Staff, 802-828-3171

Attorney General Donovan, as part of a coalition of 20 states led by California Attorney General Xavier Becerra, today filed a motion to block the Trump Administration’s attempt to unlawfully divert $1.6 billion in federal funds to build a border wall. The motion was filed in the Northern District of California as part of the coalition’s ongoing lawsuit challenging President Trump’s unconstitutional action to divert funding and resources meant for law enforcement, drug interdiction, and military construction projects. The coalition requests the court immediately stop the Trump Administration from diverting $1.6 billion in funding that Congress intended for state and local law enforcement agencies.

In the motion, the coalition asserts that the declaration of a national emergency disregards the will of Congress and violates the separation of powers principles engrained in the U.S. Constitution. The Trump Administration is attempting to ultimately divert up to $6.7 billion in funding through the Department of Treasury’s Forfeiture Fund, the Department of Defense’s counterdrug account, and military construction projects through its declaration of an emergency. These unlawful actions pose significant harm to the states, who have relied on Treasury Forfeiture Funds to purchase needed law enforcement equipment, staffing, and support of ongoing operations.

The motion as filed can be found here.

Last modified: April 5, 2019