John Jefferson
The Trump administration is appealing a federal judge’s order to unfreeze federal funding in the United States Court of Appeals for the First Circuit.
The motion comes hours after a federal judge from Rhode Island ordered President Donald Trump’s administration to unfreeze federal funds once again, claiming the administration did not adhere to his previous order to do so.
U.S. District Judge John McConnell filed a new motion Monday ordering the Trump administration to comply with a restraining order issued Jan. 31, temporarily blocking the administration’s efforts to pause federal grants and loans.
McConnell’s original restraining order came after 22 states and the District of Columbia challenged the Trump administration’s actions to hold up funds for grants such as the Climate Pollution Reduction Grant and other Environmental Protection Agency programs. But the states said Friday that the administration isn’t following through and funds are still tied up.
“Each executive order will hold up in court because every action of the Trump-Vance administration is completely lawful,” Harrison Fields, a White House spokesperson, said in a statement to Fox News. “Any legal challenge against it is nothing more than an attempt to undermine the will of the American people.
The Office of Management and Budget released a memo Jan. 27 announcing plans to issue a temporary pause on federal grants and loans. While the White House later rescinded the memo on Jan. 29, White House press secretary Karoline Leavitt said that the move didn’t equate a “recission of the federal funding freeze.”
Specifically, McConnell’s motion calls for the Trump administration to restore withheld funds appropriated in the Infrastructure Improvement and Jobs Act and the Inflation Reduction Act that passed during the Biden administration in 2021 and 2022, respectively. The motion also calls on the Trump administration to restore funding for institutes like the National Institutes of Health.
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The motion filed Monday asserts that states have provided evidence that there are still instances where the federal government has “improperly” frozen funds and failed to distribute appropriated federal funds.
While the motion says the Trump administration claims these actions were done to “root out” fraud, McConnell said that the “freezes in effect now were a result of the broad categorical order, not a specific finding of possible fraud.”
“The broad categorical and sweeping freeze of federal funds is, as the Court found, likely unconstitutional and has caused and continues to cause irreparable harm to a vast portion of this country,” the judge wrote on Monday.
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McConnell said in his original order that evidence suggested the White House’s rescission of the OMB memo may have been done in “name-only” in order to “defeat the jurisdiction of the court.”
As a result, McConnell said Monday that the Trump administration must “immediately restore frozen funding” until the court hears and decides the preliminary injunction request.
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Rhode Island Attorney General Peter Neronha praised McConnell’s ruling and said the order “confirmed what we have been saying from the beginning.”
“It is now time for the Administration to come into full compliance,” Neronha said in a statement Monday. “This is a country of laws. We expect the Administration to follow the law. Our Office and attorneys general across the country stand ready to keep careful watch on the actions of this Administration that follow, and we will not hesitate to go back to Court if they don’t comply.”
Fox News’ Jacqui Heinrich contributed to this report.
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