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Attorney General William Tong

07/05/2019

AG TONG APPLAUDS NINTH CIRCUIT DECISION THAT MAINTAINS RULING BLOCKING CONSTRUCTION OF BORDER WALL

Attorney General William Tong issued the following statement today regarding the Ninth Circuit Court of Appeal's decision to deny the Trump Administration's emergency motion for a stay of the district court's order blocking construction of a border wall in California, New Mexico and Arizona with funds that were unlawfully diverted, while the appeal is pending.

"The court has once again rejected the Trump Administration's unlawful attempts to build a border wall that will do nothing to improve our nation's immigration system. Since taking office, the President has waged a war on immigrants and immigrant families, and I have seen the cost of that war at the border. The President is not above the law and cannot simply ignore the will of Congress by illegally diverting defense funding to fulfill an empty campaign promise," said Attorney General Tong.

On June 11, 2019, Attorney General Tong, as part of a 20-state coalition, filed an amicus brief in the Ninth Circuit Court of Appeals in Sierra Club, et al. v. Donald Trump, et al. urging the court to deny the Trump Administration's emergency motion to stay the preliminary injunction granted by the U.S. District Court for the Northern District of California. On Wednesday, the Ninth Circuit Court of Appeals denied the Trump Administration's motion.

“As for the public interest, we conclude that it is best served by respecting the Constitution’s assignment of the power of the purse to Congress, and by deferring to Congress’s understanding of the public interest as reflected in its repeated denial of more funding for border barrier construction. We therefore hold that a stay of the district court’s order granting Plaintiffs an injunction is not warranted,” Wednesday's decision states.
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