This ruling was not about the Emergency Declaration, it was about the “Wait in Mexico” Policy, where third country nationals who passed through Mexico to claim asylum in the USA, are sent back to Mexico to wait for their court date, rather than being released into the USA.
There are at least three other lawsuits against re-programming money under the Emergency Declaration to build wall - the House of Representatives, a group of State AGs, and the ACLU. None of them have gotten a judgement yet.
No doubt they have shopped for politically reliable hack judge, and are just waiting for the last minute for a judgement, right before the money is ready to actually start spending (reprogrammed), to leave as little time for an appeal as they can.
It is all just a delaying/harassment tactic - the law is crystal clear that the President is authorized to declare an emergency, and to use Military Construction funds to build things to address that emergency.
I don't know if they are "sent back" to Mexico to wait, because I'm not sure they are ever allowed into the United states when they request asylum. The request might be filed while they are still in Mexico.
That would mean that this judge is claiming jurisdiction over foreign nationals who are in foreign countries.
-PJ
Funny how a conservative justice on the 9th didn’t get the case.