A federal judge in Texas ruled Friday that Donald Trump is unlawfully using a national emergency declaration to build the border wall, and might place an injunction on the use of those funds. The suit was brought by El Paso County, Texas, and Border Network for Human Rights in the U.S. District Court for the Western District of Texas. Judge David Briones has asked the challengers to propose a scope for a preliminary injunction.
El Paso County sued on the grounds that Trump had overstepped on declaring the national emergency, that the border wall doesn't meet the definition of an emergency in the National Emergency Act, and that the county was harmed by Trump's continued assertions that crime was reduced in El Paso when borders went up.
The judge found that the plaintiffs have standing. "Specifically, El Paso County has shown an injury to its reputation and has had to take affirmative steps to avoid harm," Briones wrote. The funds at issue and potentially subject to injunction are just those diverted from defense appropriations, and Briones noted that other fund sources—counterdrug enforcement funds and Treasury Forfeiture Funds—are not included.