Ruling on Biden’s hold on funds for border wall may arrive soon

WASHINGTON — Congressional investigators are working on a legal opinion of President Joe Biden’s hold on border wall construction funds that could emerge as soon as this month, if history is any guide.

The Government Accountability Office began looking into Biden’s pause on the funding after the president announced Jan. 20 that he was stopping construction of the wall on the U.S.-Mexico border and freezing funds for it. That money included what was left of a $1.4 billion appropriation for wall construction for the current fiscal year, as well as funds that were shifted from other accounts and any other remaining balances.

The GAO, Congress’ investigatory arm, is looking into the same issues with Biden’s hold on the wall appropriations that it did when it found the Trump administration guilty of violating a 1974 budget law governing “impoundments” of money appropriated by Congress. An illegal impoundment occurs when a president stops the funds from being obligated or spent without proper justification and in a manner contrary to congressional intent.

The Biden hold has gone on for over four months, more than twice as long as Trump’s Ukraine withholding. But the Trump pause occurred later in the year, when the funds risked expiring when the fiscal year ended Sept. 30.

The Biden administration has said the hold on wall funding is legal but has not detailed its reasons.

Senate and House Republicans have accused Biden of violating the law and have pressed the GAO to render a legal opinion.