A federal judge has ordered the Trump administration to release $11.5 billion in foreign aid that was previously approved by Congress but withheld by the executive branch. The decision came from U.S. District Judge Amir Ali in Washington, who ruled Wednesday that withholding the funds was likely illegal and issued a preliminary injunction requiring their release before they 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 Trump administration responded by filing a notice of appeal on Thursday.
White House spokesperson Anna Kelly defended the administration’s actions, stating: “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.”
Elisha Dunn-Georgiou, president and CEO of Global Health Council, which is among several groups involved in the lawsuit, described the ruling as a win for congressional authority over federal spending. “The decision was a victory for ‘the rule of law’ and reaffirmed that ‘only Congress controls the power of the purse.’”
Last week, President Trump informed House Speaker Mike Johnson that he would not allocate $4.9 billion in foreign aid already approved by lawmakers. He used a method known as pocket rescission—submitting a late request to Congress near the end of a budget year so lawmakers cannot act within 45 days, resulting in unspent funds. This is reportedly the first time this approach has been used in nearly five decades.
Judge Ali noted that under current law, only congressional approval can rescind appropriated funding: “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 disputed funds include almost $4 billion designated for global health programs through USAID and more than $6 billion earmarked for HIV and AIDS initiatives worldwide. In January, President Trump had directed agencies to freeze foreign aid spending via an executive order.
Nonprofit organizations involved in suing argued that suspending these funds threatened urgent humanitarian programs abroad.
Previously, an appeals court panel allowed suspension of these funds but later reversed itself, allowing Judge Ali’s court to reconsider.
Ali acknowledged his decision may not resolve all legal questions surrounding presidential power over congressionally appropriated funds: “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.
