By Ronn Blitzer
Published January 09, 2020
The Fifth Circuit Court of Appeals ruled late Wednesday that they are putting a stay on a District Court injunction that had blocked the use of $3.6 billion in military funds. The decision removes the prohibition as Trump appeals the lower court's ruling.
"Breaking News: The Fifth Circuit Court of Appeals just reversed a lower court decision & gave us the go ahead to build one of the largest sections of the desperately needed Southern Border Wall, Four Billion Dollars," Trump tweeted Thursday morning. "Entire Wall is under construction or getting ready to start!"
The Fifth Circuit's order is not a definitive victory for the president, as the case remains ongoing. Still, the ruling noted that there is a "substantial likelihood" that El Paso County, Texas and the Border Network for Human Rights lack standing to bring the case.
The court also pointed to a recent Supreme Court ruling, which stayed an injunction in a similar case, stating, "The Government is entitled to the same relief here[.]"
In a dissenting opinion, Judge Stephen A. Higginson claimed that he cannot agree with the conclusion that the Trump administration "has shown either a likelihood of success on the merits or irreparable harm in the absence of a stay," without having the benefit of "focused panel deliberation and discussion" or speaking with the parties' counsels.
The administration has built approximately 90 miles of wall and has been ramping up efforts to try building approximately 450 miles of the barrier by the end of the year.
This ruling in Trump's favor comes amid recent immigration-related defeats. In a ruling in a separate case Wednesday, the Second Circuit Court of Appeals declined to lift an injunction on the Trump administration’s “public charge” rule that would restrict green cards for immigrants deemed likely to be reliant on welfare.
That case will move forward with briefs arguing both sides set to be filed in February, with oral arguments scheduled for March.
Fox News' Adam Shaw contributed to this report.