Case 3:19-cv-00066-DB Document 130-1 Filed 10/21/19 Page 1 of 2

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
EL PASO DIVISION

EL PASO COUNTY, TEXAS
500 E. San Antonio
El Paso, TX 79901, and
BORDER NETWORK FOR HUMAN RIGHTS
2115 N. Piedras St
El Paso, TX 79930,
Plaintiffs,
v.
DONALD J. TRUMP, in his official capacity as
President of the United States of America,
MARK T. ESPER, in his official capacity as
Secretary of Defense,
KEVIN McALEENAN, in his official capacity as
Acting Secretary of Homeland Security,
TODD T. SEMONITE, in his official capacity as
Commanding General
United States Army Corps of Engineers,
DAVID BERNHARDT, in his official capacity as
Acting Secretary of the Interior,
STEPHEN T. MNUCHIN, in his official capacity as
Secretary of the Treasury,
Defendants.

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Civil Action No. 3:19-cv-66-DB
[PROPOSED] ORDER
GRANTING A
DECLARATORY JUDGMENT
AND PERMANENT
INJUNCTION

 Case 3:19-cv-00066-DB Document 130-1 Filed 10/21/19 Page 2 of 2

[PROPOSED] ORDER
Pursuant to the Declaratory Judgment Act, 28 U.S.C. §§ 2201-2202, the Court declares
that Proclamation 9844 of February 15, 2019, 84 Fed. Reg. 4949, is unlawful to the extent it
authorizes border wall construction using funds appropriated by the 2019 Consolidated
Appropriations Act for “military construction” under 10 U.S.C. § 2808. The Court further
declares that Defendants’ border wall construction using funds appropriated by the 2019
Consolidated Appropriations Act for “military construction” under 10 U.S.C. § 2808, and
“support for counterdrug activities” under 10 U.S.C. § 284, is unlawful. Defendants Mark T.
Esper, in his official capacity as Secretary of Defense, Kevin McAleenan, in his official capacity
as Acting Secretary of Homeland Security, Todd T. Semonite, in his official capacity as
Commanding General of the United States Army Corps of Engineers, David Bernhardt, in his
official capacity as Acting Secretary of the Interior, and Steven T. Mnuchin, in his official
capacity as Secretary of the Treasury, and all persons acting under their direction, are enjoined
from border wall construction using funds appropriated by the 2019 Consolidated Appropriations
Act for “military construction” under 10 U.S.C. § 2808, and “support for counterdrug activities”
under 10 U.S.C. § 284.
SO ORDERED this ________ day of October, 2019.

Hon. David Briones
Senior United States District Judge