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U.S. NEWS Tuesday 20 OcTOber 2020
High court to review two cases involving Trump border policy

By JESSICA GRESKO and tration's response to an un-
MARK SHERMAN precedented surge of asy-
Associated Press lum-seeking families from
WASHINGTON (AP) — The Central American coun-
Supreme Court on Monday tries at the border, drawing
agreed to hear two cases criticism for having people
involving Trump adminis- wait in highly dangerous
tration policies at the U.S.- Mexican cities.
Mexico border: one about Lower courts found that the
a policy that makes asy- policy is probably illegal.
lum-seekers wait in Mexico But earlier this year the Su-
for U.S. court hearings and preme Court stepped in to
a second about the ad- allow the policy to remain
ministration's use of money in effect while a lawsuit
to fund the border wall. challenging it plays out in
The justices' decision to the courts.
hear the cases continues its More than 60,000 asylum-
practice of reviewing low- seekers were returned to
er court rulings that have Mexico under the policy.
found President Donald The Justice Department
Trump's immigration poli- estimated in late February
cies illegal over the past that there were 25,000 peo-
four years. ple still waiting in Mexico for
Most notably, the high hearings in U.S. court. Those In this June 23, 2020, file photo, President Donald Trump tours a section of the border wall in San
court reviewed and ul- hearings were suspended Luis, Ariz.
timately upheld Trump's because of the coronavirus Associated Press
travel ban on visitors from pandemic.
some largely Muslim coun- In a statement after the judgment." ing. Trump then declared tion funds and $600 million
tries. In June, the court kept high court agreed to take The case has its origins in a national emergency to from the Treasury Depart-
in place legal protections the case, Department of the 35-day partial govern- take cash from other gov- ment's asset forfeiture fund.
for immigrants who came Justice spokeswoman Al- ment shutdown that start- ernment accounts to use The case before the Su-
to the U.S. as children. exa Vance said the ad- ed in December of 2018. to construct sections of the preme Court involves just
The justices will not hear ministration is pleased the Trump ended the shut- wall. the $2.5 billion in Defense
either new case until 2021, court agreed to hear the down after Congress gave At the time, the money Department funds. The
and the outcome of the case, calling the program him approximately $1.4 bil- Trump identified included administration has already
presidential election could "a critical component of lion in border wall funding, $2.5 billion in Defense De- built 115 of the 129 miles of
make the cases go away, our efforts to manage the but that was far less than partment money, $3.6 bil- border wall that is funded
or at least reduce their sig- immigration crisis on our the $5.7 billion he was seek- lion from military construc- by that money. q
nificance. If Democrat Joe Southern Border."
Biden wins the White House, Judy Rabinovitz, an at-
he has pledged to end "Mi- torney for the American
grant Protection Protocols," Civil Liberties Union, which
which Trump considers a is challenging the policy,
cornerstone policy on im- called the policy "illegal
migration. and depraved."
In the border wall case, "The courts have repeat-
much of the money has edly ruled against it, and
already been spent and the Supreme Court should
wall constructed. It is un- as well," she said in a state-
clear what could be done ment.
about wall that has already The high court also agreed
been built if the adminis- to hear the Trump adminis-
tration loses, but it could tration's appeal of a lower
conceivably be torn down. court ruling that it improp-
Biden has said he would erly diverted money to
cease wall construction if build portions of the border
elected but would not tear wall with Mexico.
down what was built under The high court has previ-
Trump's watch. ously allowed construction
The court has allowed both to continue, even after a
policies to continue even federal appeals court ruled
after they were held ille- in June that the adminis-
gal by lower courts, a sign tration had illegally side-
the challengers could face stepped Congress in trans-
long odds when the jus- ferring $2.5 billion in De-
tices ultimately decide the fense Department funds.
cases. Dissenting from a July order
The Trump administration that allowed construction
policy known informally as to continue, Justice Ste-
"Remain in Mexico" began phen Breyer wrote that the
in January 2019. It became court's action "I fear, may
a key pillar of the adminis- operate, in effect, as a final