A federal judge in Texas ruled Friday that President Donald Trump’s national emergency declaration to build a border wall is unlawful and appears poised to block the use of those funds.

Judge David Briones of the US District Court for the Western District of Texas, asked challengers of the wall to propose the scope of a preliminary injunction.

The lawsuit, brought by El Paso County, Texas, and Border Network for Human Rights, seeks an injunction to block Trump’s national emergency declaration. It argues that Trump overstepped his authority when he issued the declaration to gain access to additional funds for his border wall, despite receiving $1.375 billion from Congress.