In a 2-1 ruling, the panel noted that the U.S. Supreme Court had stayed an injunction in a similar border wall case from the 9th U.S. Circuit Court of Appeals.
The court also said there was a “substantial likelihood” that the parties challenging the funding transfer – the county of El Paso, Texas, and the Border Network for Human Rights – lacked standing to sue the Trump administration.
So far, and amid dogged resistance by Democratic legislators, Trump’s deputies have upgraded roughly 100 miles of older wall. The extra money — which was transferred from other spending programs by President Donald Trump’s emergency declaration — will allow the agencies to construct another 174 miles of wall, including new wall on stretches of the border which lack any barrier.