A lawsuit was filed by Democratic officials from 24 states and the District of Columbia, seeking the release of $6.8 billion in federal education funding frozen by the U.S. Department of Education and the Office of Management and Budget. The lawsuit argues that freezing funds for education is unconstitutional and violates multiple laws, including the Impoundment Control Act. The freeze impacts various educational programs, creating chaos as states rely on those funds for the upcoming academic year. The suit emphasizes that only Congress has the authority to control appropriated funds.
The decision to withhold $6.8 billion for a review of consistency with presidential priorities "is contrary to law, arbitrary and capricious, and unconstitutional," according to the July 14 lawsuit, filed in U.S. District Court for the District of Rhode Island.
Withholding the funds violates "multiple statutory and regulatory commands," the suit says. They include the Impoundment Control Act, which limits agencies' ability to withhold appropriated funds.
The freeze affects adult education and students through the 12th grade. The frozen funds include money for immigrant children and English learners, after-school care, teacher recruitment and training.
"It is Congress, not the executive branch, that possesses the power of the purse," the suit says. "The Constitution does not empower the executive branch to unilaterally refuse to spend funds appropriated by Congress."
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