A federal judge on Monday ordered the Trump administration to pay the remaining foreign aid that was borne by contractors for the work completed, saying the administration likely violated the separation of the doctrine of authority by “illegally infringing” nearly $2 billion in funds allocated by Congress.
Biden’s appointee, U.S. District Judge Amir Ali, said in his ruling that the Trump administration likely exceeded its constitutional authority when it attempted to block payments for granting beneficiaries and foreign aid contractors.
“Here, executives unilaterally believe that the Parliamentary funds allocated for foreign aid will not be spent,” Ali said.
“As well as assert the constitutional authority to determine how the allocated funds are to be spent, it also deprives the Congress of its exclusive authority to direct whether or not the funds should be used first.”
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Workers will remove the headquarters’ US International Development Signature in Washington, DC (Kayla Bartkowski/Getty Images) on February 7, 2025
Ali said the restrictions on litigation, focusing solely on projects completed by February 13, would prevent the administration from ordering payments for other jobs or reinstatement of other contracts.
As of last Friday, that amount was around $671 million by the government. Ali ordered the plaintiffs to file a joint status report approved by the court to comply with the Trump administration’s order by March 14, but it is unclear whether additional payments have been made.
President Donald Trump has tried to freeze USAID payments after billionaire Elon Musk’s government efficiency (DOGE) flagged it as highly wasteful and fraudulent. (Brandon Bell/Getty Images)
The plaintiff was also told to propose a schedule for the next step in this matter. “The court is ready to hold a prompt hearing at the request of the parties to address feasibility concerns,” Ali said in his 48-page opinion.
Ali also devoted most of the 48-page ruling to the argument that it is likely that the Trump administration took over enforcement under the Constitution when it ordered a comprehensive freeze on almost all foreign aid payments in its January 20 executive order.
White House and State Department officials did not immediately respond to Fox News’ requests for comments regarding the status of remaining payments.
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Volunteers from Zanzalima Camp unloaded a bag of flour, which was part of a delivery from USAID, in Bahirdar, Ethiopia, on December 17, 2021. (J. Countess/Getty Images)
Ali had previously ordered the Trump administration to pay full foreign aid funds for previously completed work by 11:59pm on February 26th.
The Supreme Court took up the emergency review case last week but ruled 5-4 to reject the administration’s request to extend the freeze. Instead, the court remanded the case to DC Federal Court and ALI, hashed details of when it must be paid.
However, the majority of hearings in DC federal court last week have lasted more than four hours, focusing primarily on the role and review of all government foreign aid contractors and grants, with Trump administration lawyers telling Ali that they have already completed and made a final decision.
The lawyers were also pressed on whether the Trump administration could legally move to end the funds allocated by Congress and end the assigned projects.
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“The provisions and management of foreign aid were joint ventures between our two political sectors,” he said. “That partnership is built not from convenience, but from constitutional needs.”
If the government moves to appeal some of the memos or claims, these arguments, and the judgment from Ali, could ultimately return the matter to the Supreme Court.
Breanne Deppisch is a political reporter for Fox News Digital, covering the Trump administration, focusing on the Department of Justice, the FBI and other national news.
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