Court Orders Trump Administration to Release $11.5 Billion Foreign Aid
A federal appeals court upheld a ruling requiring the Trump administration to release billions in foreign aid it attempted to unilaterally withhold.
The U.S. Court of Appeals for the District of Columbia Circuit voted 2-1 on September 6, 2025, to uphold a lower court order requiring the Trump administration to release $11.5 billion in congressionally approved foreign aid. The funds, which include over $6 billion for HIV and AIDS programs and $4 billion for global health initiatives, are set to expire on September 30.
The legal battle began after District Judge Amir Ali ruled on September 4 that the administration could not use a "pocket rescission" to unilaterally cut $4.9 billion in funding for the Department of State and the U.S. Agency for International Development (USAID). This rare tactic involved submitting a rescission request to Congress too late for the mandatory 45-day review window. Judge Ali stated the administration lacked the discretion to decide whether to spend appropriated funds and provided no justification to displace congressional mandates.
White House spokesperson Anna Kelly defended the move, asserting the president's authority to align spending with "America First" priorities. Despite an immediate appeal and a request for a stay, the D.C. Circuit Court denied the stay, ensuring the funds proceed as intended. The attempt to withhold the money drew criticism from Democrats and some Republicans, who viewed the action as an unlawful usurpation of the legislative power of the purse.