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Judge orders Trump administration to release billions in foreign aid approved by Congress

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Judge orders Trump administration to release billions in foreign aid approved by Congress
News

News

Judge orders Trump administration to release billions in foreign aid approved by Congress

2025-09-05 04:14 Last Updated At:04:20

The Trump administration must release billions of dollars in foreign aid approved by Congress, including money that President Donald Trump said last week he would not spend, a federal judge has ordered.

U.S. District Judge Amir Ali in Washington ruled Wednesday that the Republican administration's decision to withhold the funding was likely illegal. He issued a preliminary injunction ordering the release of $11.5 billion that is set to expire at the end of the month.

“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,” wrote Ali, who was nominated by Democratic President Joe Biden. “But Defendants do not have any discretion as to whether to spend the funds.”

The administration filed a notice of appeal on Thursday.

“President Trump has the executive authority to ensure that all foreign aid is accountable to taxpayers and aligns with the America First priorities people voted for,” White House spokesperson Anna Kelly said in a statement.

Elisha Dunn-Georgiou, president and CEO of Global Health Council, one of the groups in the case, said in a statement the decision was a victory for “the rule of law" and reaffirmed that “only Congress controls the power of the purse."

Trump told House Speaker Mike Johnson, R-La., in a letter on Aug. 28 that he would not spend $4.9 billion in congressionally approved foreign aid, effectively cutting the budget without going through the legislative branch.

He used what’s known as a pocket rescission. That is when a president submits a request to Congress toward the end of a current budget year to not spend the approved money. The late notice means Congress cannot act on the request in the required 45-day window and the money goes unspent. It’s the first time in nearly 50 years that a president has used the tactic. The fiscal year draws to a close at the end of September.

Ali said Congress would have to approve the rescission proposal for the administration to withhold the money.

The law is “explicit that it is congressional action—not the President’s transmission of a special message—that triggers rescission of the earlier appropriations,” he wrote.

The money at issue includes nearly $4 billion for the U.S. Agency for International Development, or USAID, to spend on global health programs and more than $6 billion for HIV and AIDS programs. Trump has portrayed the funding as wasteful spending that does not align with his foreign policy goals, and in January, he issued an executive order directing the State Department and USAID to freeze spending on foreign aid.

Nonprofit organizations that sued the government said the freeze shut down funding for urgent lifesaving programs abroad.

A divided panel of appeals court judges ruled last month that the administration could suspend the money. The judges later revised that opinion, reviving the lawsuit before Ali.

In his ruling, Ali said he understood that his decision would not be the last word in the case, adding that “definitive higher court guidance now will be instructive.”

“This case raises questions of immense legal and practical importance, including whether there is any avenue to test the executive branch’s decision not to spend congressionally appropriated funds,” he wrote.

Associated Press writer Thalia Beaty in New York contributed to this report.

FILE - The seal of the State Department is photographed at the Washington Passport Agency, July 12, 2016, in Washington. (AP Photo/Alex Brandon, File)

FILE - The seal of the State Department is photographed at the Washington Passport Agency, July 12, 2016, in Washington. (AP Photo/Alex Brandon, File)

WASHINGTON (AP) — U.S. forces in the Caribbean Sea have seized another sanctioned oil tanker that the Trump administration says has ties to Venezuela, part of a broader U.S. effort to take control of the South American country’s oil.

Homeland Security Secretary Kristi Noem wrote on social media that the U.S. Coast Guard had boarded the Motor Tanker Veronica early Thursday. She said the ship had previously passed through Venezuelan waters and was operating in defiance of President Donald Trump’s "established quarantine of sanctioned vessels in the Caribbean.”

U.S. Southern Command said Marines and sailors launched from the aircraft carrier USS Gerald R. Ford to take part in the operation alongside a Coast Guard tactical team, which Noem said conducted the boarding as in previous raids. The military said the ship was seized “without incident.”

Noem posted a brief video that appeared to show part of the ship’s capture. The black-and-white footage showed helicopters hovering over the deck of a merchant vessel while armed troops dropped down on the deck by rope.

The Veronica is the sixth sanctioned tanker seized by U.S. forces as part of the effort by Trump’s administration to control the production, refining and global distribution of Venezuela’s oil products and the fourth since the U.S. ouster of Venezuela President Nicolás Maduro in a surprise nighttime raid almost two weeks ago.

The Veronica last transmitted its location on Jan. 3 as being at anchor off the coast of Aruba, just north of Venezuela’s main oil terminal. According to the data it transmitted at the time, it was partially filled with crude.

The ship is currently listed as flying the flag of Guyana and is considered part of the shadow fleet that moves cargoes of oil in violation of U.S. sanctions.

According to its registration data, the ship also has been known as the Galileo, owned and managed by a company in Russia. In addition, a tanker with the same registration number previously sailed under the name Pegas and was sanctioned by the U.S. Treasury Department for moving cargoes of illicit Russian oil.

As with prior posts about such raids, Noem and the military framed the seizure as part of an effort to enforce the law. Noem argued that the multiple captures show that “there is no outrunning or escaping American justice.”

However, other officials in Trump's Republican administration have made clear that they see the actions as a way to generate cash as they seek to rebuild Venezuela’s battered oil industry and restore its economy.

Trump met with executives from oil companies last week to discuss his goal of investing $100 billion in Venezuela to repair and upgrade its oil production and distribution. His administration has said it expects to sell at least 30 million to 50 million barrels of sanctioned Venezuelan oil.

This story has been corrected to show the Veronica is the fourth, not the third, tanker seized by U.S. forces since Maduro's capture.

Homeland Security Secretary Kristi Noem speaks with reporters at the White House, Thursday, Jan. 15, 2026, in Washington. (AP Photo/Alex Brandon)

Homeland Security Secretary Kristi Noem speaks with reporters at the White House, Thursday, Jan. 15, 2026, in Washington. (AP Photo/Alex Brandon)

Homeland Security Secretary Kristi Noem speaks with reporters at the White House, Thursday, Jan. 15, 2026, in Washington. (AP Photo/Evan Vucci)

Homeland Security Secretary Kristi Noem speaks with reporters at the White House, Thursday, Jan. 15, 2026, in Washington. (AP Photo/Evan Vucci)

Homeland Security Secretary Kristi Noem speaks with reporters at the White House, Thursday, Jan. 15, 2026, in Washington. (AP Photo/Evan Vucci)

Homeland Security Secretary Kristi Noem speaks with reporters at the White House, Thursday, Jan. 15, 2026, in Washington. (AP Photo/Evan Vucci)

Homeland Security Secretary Kristi Noem speaks with reporters at the White House, Thursday, Jan. 15, 2026, in Washington. (AP Photo/Evan Vucci)

Homeland Security Secretary Kristi Noem speaks with reporters at the White House, Thursday, Jan. 15, 2026, in Washington. (AP Photo/Evan Vucci)

Homeland Security Secretary Kristi Noem speaks with reporters at the White House, Thursday, Jan. 15, 2026, in Washington. (AP Photo/Evan Vucci)

Homeland Security Secretary Kristi Noem speaks with reporters at the White House, Thursday, Jan. 15, 2026, in Washington. (AP Photo/Evan Vucci)

U.S. Homeland Security Secretary Kristi Noem speaks during a press conference, Thursday, Jan. 8, 2026, in New York. (AP Photo/Yuki Iwamura)

U.S. Homeland Security Secretary Kristi Noem speaks during a press conference, Thursday, Jan. 8, 2026, in New York. (AP Photo/Yuki Iwamura)

U.S. Homeland Security Secretary Kristi Noem speaks at a news conference at Harry Reid International Airport, Nov. 22, 2025, in Las Vegas. (AP Photo/Ronda Churchill, File)

U.S. Homeland Security Secretary Kristi Noem speaks at a news conference at Harry Reid International Airport, Nov. 22, 2025, in Las Vegas. (AP Photo/Ronda Churchill, File)

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