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February 26, 2025

Trump administration's request to extend foreign aid deadline denied

A U.S. District Court Judge has rejected the Department of Justice's (DOJ) motion to further delay the Trump administration's payout of nearly $2 billion in foreign aid.

The funding, previously halted by an executive order, is required to comply with a temporary restraining order issued earlier this month.

The case emerged from an executive order signed by the Trump administration on January 20, aiming to freeze foreign aid payments. This action led to a legal dispute, with a temporary restraining order imposed on February 13 to block the freeze. Despite this order, payments have not resumed as expected.

Judge Amir Ali recently admonished the Trump administration for what he described as a belated justification for withholding the funds. The DOJ requested more time to approve the payments, which was set against a looming deadline of 11:59 p.m. Wednesday. Judge Ali denied this request, propelling the matter to a panel of appellate judges, who hold the power to issue an emergency stay of the ruling.

Judge Criticizes Administration's Delay

In his decision, Judge Ali expressed disappointment over the administration's failure to address concerns earlier in the proceedings. He noted that the DOJ only introduced arguments about their logistical limitations after filing a notice of appeal. The failure to adhere to directives has become a significant point of tension in this legal conflict.

Concerns around compliance were exacerbated by insufficient responses during a recent court hearing. When questioned directly, DOJ attorney Indraneel Sur was unable to confirm whether any funds had been unfrozen by the administration as per the court's order. Judge Ali expressed his frustration at the lack of clear answers, emphasizing the necessity of understanding the administration's compliance efforts.

Additionally, parties representing the affected nonprofits argued that the government has shown minimal initiative to facilitate the payments. Evidence presented in court suggested a complete absence of directives from the agency regarding the unfreezing of funds.

DOJ Raises Concerns Over Payment Legitimacy

The DOJ attorneys defending the delayed payments cited potential risks of fraud and attempts to solidify revised processing systems. Sur pointed out that the current government strategies might lead to taxpayer money being distributed without ensuring legitimacy.

Despite these allegations, Judge Ali maintained that the primary focus of the hearing was to address the enforcement of the temporary restraining order and not to rediscuss its imposition. This decision came amid pressure on administrative bodies to expedite payment processes, particularly for USAID and the State Department.

These U.S. agencies have encountered challenges dispersing foreign aid, with requests accounting for $1.5 billion from USAID and an additional $400 million from the State Department. Nonetheless, DOJ lawyers argued that "sovereign immunity" could exempt the administration from reimbursing the withheld funds.

Evidence Of Noncompliance Remains Unrefuted

Nonprofits involved in the suit have presented evidence illustrating the administration's failure to comply with the restraining order. This evidence has not been conclusively contested by the administration, adding to the urgency of resolving the case.

Judge Ali reiterated the need for the administration to meet its obligations as outlined by judicial orders. In light of these developments, the panel of appellate judges has been tasked with determining whether an emergency stay of the order is warranted, further complicating the timeline for aid disbursement.

The unfolding situation continues to capture attention, as it not only involves a substantial sum of foreign aid but also poses broader questions regarding the executive's adherence to legal mandates. The outcome of the appellate judges' decision could set a precedent for future cases concerning executive power and compliance with court orders.

As legal proceedings evolve, stakeholders remain focused on the potential implications for international aid efforts. The resolution of this case will likely have significant repercussions on the administration's ability to uphold its financial commitments abroad.

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