Susan Collins says the White House sat on $810 million for months, then moved to cancel it with just five days left before the money expired

The Government Accountability Office has officially determined that President Donald Trump cannot withhold more than $800 million in congressionally approved spending past the end of the current fiscal year. The finding was shared with federal lawmakers and Vice President JD Vance, according to Associated Press News. They claim it labels the administration’s recent attempt to cancel these funds as illegal.

President Trump announced late Friday night that he intends to impound reportedly over $800 million from 11 different appropriations accounts. These cuts reportedly targeted diversity-focused initiatives and immigrant services. The largest share, about $567 million, was set aside for the Office of Refugee Resettlement at the Department of Health and Human Services.

The GAO, an independent, nonpartisan agency that works for Congress, has previously found that the maneuver known as a pocket rescission is illegal. Under the Impoundment Control Act, the White House can withhold funds for 45 days while Congress considers a request. However, the president must release the money if Congress hasn’t acted within that timeframe.

The White House allegedly timed this so Congress couldn’t vote on it

The administration claimed to wait until only five days remained in the fiscal year to make its request. As the House was out of session until the November midterms, Congress had virtually no way to respond to the pocket rescission before the money expired. The GAO’s general counsel wrote that the amount was irrelevant, as federal law requires funds proposed for rescission to be released before they expire unless Congress acts. 

“Any withholding of appropriated funds beyond their date of expiration, regardless of size, subverts both the constitutional process for enacting federal law and Congress’s constitutional power of the purse,” Edda Emmanuelli Perez wrote. About a year ago, President Trump reportedly blocked $4.9 billion in foreign aid using a pocket rescission for the first time in nearly 50 years. The Supreme Court declined to block that move. 

However, it noted that the president’s authority over foreign affairs weighed heavily in that decision, and this year’s cuts target domestic spending instead. Senate Majority Leader John Thune said he expects the courts to have the final say. He said that while some lawmakers might agree with the cuts, the administration’s process will likely lead to a lot of discussion and probably some litigation. 

Senate Appropriations Committee chair Susan Collins, a Republican, has already called the move illegal. The administration has defended these cuts by claiming the funds are no longer necessary, as illegal border crossings have decreased significantly. Office of Management and Budget Director Russell Vought also dismissed the finding on social media, calling the GAO “hyper partisan” and accusing it of shifting its position based on which party holds the White House.

The pocket rescission targets Health and Human Services initiatives for refugees and unaccompanied minors, a Department of Education program for migrant students, and a Department of Justice office dedicated to reducing racial tensions. Other affected areas include a business development initiative for minority entrepreneurs and housing counseling services provided by the Housing and Urban Development Department.