‘There is not a plausible interpretation of the statutes that would justify the billions of dollars they plan to withhold,’ wrote U.S. District Judge Amir Ali.
WASHINGTON—A federal judge ruled that the Trump administration cannot withhold billions of dollars in foreign assistance approved by Congress, including aid that the White House recently said it would not spend.
The Trump administration must release $11.5 billion in foreign aid that is set to expire at the end of the month, said U.S. District Judge Amir Ali in a Sept. 3 decision.
“There is not a plausible interpretation of the statutes that would justify the billions of dollars they plan to withhold,” Ali wrote in his ruling.
“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. But Defendants do not have any discretion as to whether to spend the funds.”
The Trump administration last week requested that Congress rescind $4.9 billion in foreign aid. The $11.5 billion figure includes the $4.9 billion.
In accordance with the Impoundment Control Act, a rescission is when the White House requests Congress to reverse government funding that has been appropriated by Congress. Typically, it must be approved within 45 days of the request being sent to Congress, or else the money must be spent.
Given that this request was made within 45 days of the end of the fiscal year on Sept. 30, the cancellation could take effect without Congress approving it. This maneuver is known as a pocket rescission.
Ali wrote that the funding is to be spent since Congress appropriated it.
“It is undisputed the relevant appropriations acts have been valid law from the time they were enacted to today. For almost all that period, Defendants did not even dispute that the laws were mandatory and required them to spend the funds,” he wrote. “The President never asked Congress to rescind the funds at issue even though he successfully sought rescission of analogous funds in May 2025.”
The Trump administration filed a notice of appeal on Sept. 4.
