GAO Says Border Wall Funding Freeze Was Legal

Law360 (June 15, 2021, 4:36 PM EDT) -- The U.S. Government Accountability Office said Tuesday that a U.S. Department of Homeland Security freeze on border wall construction was legal, distinguishing it from a Trump administration pause on Ukraine military assistance that the watchdog previously found unlawful.

The January pause on spending certain funds appropriated to DHS for building the southern border wall is considered to be a "programmatic delay" and not an "impoundment," and therefore not a violation of the congressional budget and Impoundment Control Act, or ICA, the GAO said in its decision.

Among other provisions, the ICA bars the executive branch from refusing to spend money appropriated...

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