The memo is the first major move in a constitutional fight over spending powers. The blanket directive to halt spending conflicts with a 50-year-old law that allows the executive branch to pause funding only under certain conditions and after notifying Congress. Trump and his pick for budget director, Russell Vought, have said they believe that law, the Budget and Impoundment Control Act of 1974, is unconstitutional.
The memo directs agencies to “temporarily pause all activities related to obligation or disbursement of all Federal financial assistance, and other relevant agency activities that may be implicated by the executive orders, including, but not limited to, financial assistance for foreign aid, nongovernmental organizations, DEI, woke gender ideology, and the green new deal.”
The memo specifies that it would not affect Social Security or Medicare, or other instances of “assistance provided directly to individuals.”
The pause will become effective at 5 p.m. Tuesday, the memo says.
The memo doesn’t provide a precise definition of federal assistance, but it outlines a broad approach. The Special Supplemental Nutrition Program for Women, Infants, and Children would likely be affected, said Bobby Kogan, senior director of federal budget policy at the liberal Center for American Progress. So would Section 8 housing choice vouchers and the Low Income Home Energy Assistance Program.
“This is as broad and large as folks were worried that Trump might go,” Kogan said. “It’s a riddle to figure out exactly what he means.”
The action will likely spark lawsuits from recipients whose funding is delayed, Kogan said.
“This is an illegal pause and they don’t care,” Kogan said. “They’re breaking the law in pausing these things and going after massive parts of the government.”
Spokespersons for the White House and Office of Management and Budget didn’t immediately respond to emails seeking comment.
Roxana Tiron in Washington and John Hewitt Jones in Washington also contributed to this story.
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