The house on Tuesday evening asked for federal judge to block President Trump Donald John TrumpRussia's election interference is a problem for the GOP Pence to pitch trade deal during trip to Michigan: report Iran oil minister: US made 'bad mistake' in ending sanctions waivers MORE 's plan to use Defense Department funds to build his long ̵
House lawyers filed in U.S. Pat. District Court Judge Trevor McFadden asks him to issue a preliminary injunction to prevent the administration's plan to use about $ 6 billion initially intended for military construction and counter-drug accounts to build miles of additional barriers on the southern border.
"Defendants are moving quickly to construct the border wall, and they have awarded contracts against funds that Congress did not apply for that purpose. And more contracts are coming soon, ”General Counsel Doug Letter and Other Lawyers wrote. "The house has not been remedied, and the grave institutional injury cannot be remedied."
Neither the Justice Department nor the White House immediately responded to requests for comment from The Hill.
The motion accuses Trump of violating the Constitution's separation of powers by violating Congress's power to appropriate federal funds. The house is trying to block is linked to the president's February emergency declaration in which he first announced he would reallocate Pentagon funds following a 35-day partial government shutdown that involved disagreements on border wall funding.
The Trump's campaign promise that Mexico would pay for the wall and cite six times that Trump declared on the day announced the national emergency that "didn't need to do this."
However, the motion does not dispute the emergency declaration, instead arguing that while the White House says the funds are needed for military construction, they are also drawing on other funds that cannot be used for that purpose.
McFadden, a Trump appliance, has not yet set a hearing on the preliminary injunction motion.
Tuesday's motion stems from a lawsuit House Democrats filed earlier this month that claims Trump lacks the authority under the National Emergencies Act for diverted military funds for the wall's construction.