WASHINGTON (CNN) – The Trump administration’s plan to build a border wall just took a hit.
On Tuesday a federal judge in Texas blocked the use of military construction funds for the project.
In September — Defense Secretary Mark Esper authorized diverting $3.6 billion to finance 11 wall projects on the southern border.
The Pentagon funds were in addition to the $1.3 billion allotted to the project by Congress.
President Trump declared a national emergency to access the extra cash.
That prompted a lawsuit claiming trump overstepped his authority.
Tuesday’s ruling does not apply to counter-drug and treasury forfeiture funding that has been designated for constructing the wall.
Earlier this year, the Supreme Court cleared the way for the administration to use another set of funds from the Department of Defense to construct the wall. The decision allowed the Pentagon money to be spent while a court battle plays out over whether the government had the authority to divert funds that were not appropriated for the wall.