By SHELAL LODHI RAJPUT-
US Supreme Court agreed on Monday to review two major Trump administration immigration initiatives and policies at the US Mexico border.
One case concern whether the Trump administration’s use of disputed military funds to construct a portion of a border wall along the U.S. Mexico border violated the law.
Another involves his administration’s “remain in Mexico” which began in January 2019, policy for those seeking asylum in the United States.
The Justice Department asked the top court to hear appeals in both cases after lower courts found that policy is probably illegal and Justice Department suffering defeats in lower courts.
Justice Department said that in late February there were 25,000 people still waiting in Mexico for hearings in US courts and already more than 60,000 asylum seekers were returned to Mexico under the policy. Due to COVID 19 pandemic hearings were suspended.
In the prior case consideration will be about the legality of the president’s use of funds for the US Mexico border wall. These funds were selected for use after Congress refused to appropriate money he sought for the wall and shift money already provided by legislatures for other purpose
Appeal was filed by Justice department against the order of lower court’s decision of June 26 about the authority to shift the military funds towards the border project.
“We look forward to making the same case before the Supreme Court and finally putting a stop to the administration’s unconstitutional power grab,” said Dror Ladin, a lawyer at the American Civil Liberties Union.
Spokeswoman for Justice Department declined to comment
The border wall was a prime agenda in 2016 campaign, a republican seeking re-election on November 3. Democrats have opposed it and called it immoral and expensive.
$ 2.5 bn was redirected by Trump’s administration from military funds for constriction of border wall in California, New Mexico and Arizona.
The Supreme curt by a ratio of 5:4 vote last year lifted Gilliam’s injunction and allowed to move project forward while litigation continued.
The 9th US Court of appeals based in San Francisco on June 26 ruled that diversion of fund’s by Trump was unlawful.
Dissenting from a July order that allowed construction to continue, Justice Stephen Breyer wrote the court’s action, “I fear, may operate, in effect, as a final judgment”.
Aside from the $2.5 bn Trump also planned to use other fund from military constructions for other purposes.
Until 2021, the justices will not hear either new case, and the result of the presidential election could make the cases go away, or at least decrease their importance. He has vowed to end many of Trump’s immigration initiatives if Democrat Joe Biden wins the White House.