Trump Administration Asks Supreme Court to Reinstate Freeze on Foreign Aid

The Trump administration has appealed to the U.S. Supreme Court for an emergency order that would allow it to continue withholding nearly $5 billion in foreign aid. The request came after a lower court ruled that the White House’s maneuver to freeze the funds was likely unlawful.

At the center of the dispute is a mechanism called a “pocket rescission.” President Donald Trump informed House Speaker Mike Johnson on August 28 that he would block the release of $4.9 billion in congressionally approved foreign aid. By submitting the notice so late in the budget year, the administration sought to prevent Congress from acting within the required 45-day period, effectively leaving the funds unspent.

U.S. District Judge Amir Ali found the tactic inconsistent with federal law, ruling that only Congress has the authority to cancel approved spending. “It is congressional action – not the President’s transmission of a special message – that triggers rescission of appropriations,” Ali wrote in his decision.

Following Ali’s ruling, a federal appeals court refused to grant the administration relief, prompting the Justice Department to escalate the fight to the Supreme Court.

The broader freeze originally covered more than $11 billion in aid. Government lawyers told a federal judge last month that about $6.5 billion of those funds would still be distributed before the fiscal year ends on September 30, but nearly $5 billion remains in limbo.

Nonprofit organizations that brought the lawsuit argue the administration’s actions have disrupted essential humanitarian programs, leaving urgent overseas assistance suspended. The case has been moving through the courts for months and could set a precedent on the limits of presidential authority over congressionally allocated funds.