The key word is “program.” If Congress appropriates $1 billion for refugee resettlement, the President can’t refuse to spend the money on that program. That doe

The key word is “program.” If Congress appropriates $1 billion for refugee resettlement, the President can’t refuse to spend the money on that program. That doesn’t constrain the discretion to make or not make any particular grant. Does it violate the APA? Possibly. But you can sue under the APA for basically anything. It doesn’t stop administrations—it’s like a company getting sued for breach of contract. You just put the smart lawyers on it and power through. How do you think Biden’s student loan forgiveness happened?