Arkansas Democrat-Gazette

U.S. justices free up $2.5B for border wall

Constructi­on now a go; Trump claims ‘win’

- COMPILED BY DEMOCRAT-GAZETTE STAFF FROM WIRE REPORTS

WASHINGTON — The Supreme Court on Friday allowed President Donald Trump’s administra­tion to move forward with plans to build a wall along parts of the Mexican border while litigation over paying for it proceeds.

A trial judge had prohibited the administra­tion from transferri­ng $2.5 billion from the Pentagon’s budget to pay for the replacemen­t of existing sections of barrier in Arizona, California and New Mexico with more robust fencing. An appeals court had refused to enter a stay while it considered the administra­tion’s appeal.

The Supreme Court’s five conservati­ve justices gave the administra­tion the green light, allowing constructi­on to proceed while the litigation continues.

The court’s four more liberal justices dissented. One of them, Justice Stephen Breyer, wrote that he would have allowed preparator­y work but not constructi­on.

Trump tweeted after the announceme­nt: “Wow! Big VICTORY on the Wall. The United States Supreme Court overturns lower court injunc

allows Southern Border Wall to proceed. Big WIN for Border Security and the Rule of Law!”

American Civil Liberties Union lawyer Dror Ladin said after the court’s announceme­nt that the fight “is not over.”

House Speaker Nancy Pelosi issued a statement Friday night accusing Trump of trying to “undermine our military readiness and steal from our men and women in uniform to waste billions on a wasteful, ineffectiv­e wall that Congress on a bipartisan basis has repeatedly refused to fund.” She said the Supreme Court’s decision “undermines the Constituti­on and the law.”

Senate Democratic Leader Charles Schumer of New York called the decision “deeply regrettabl­e and nonsensica­l.”

The case the Supreme Court ruled on began after the 35-day partial government shutdown that started in December. Trump ended the shutdown in February after Congress gave him about $1.4 billion in border wall funding. But the amount was far less than the $5.7 billion he was seeking, and Trump then declared a national emergency to take cash from other government accounts to use to construct sections of wall.

The money Trump identified includes $3.6 billion from military constructi­on funds, $2.5 billion in Defense Department money and $600 million from the Treasury Department’s asset forfeiture fund.

The case before the Supreme Court involved just the $2.5 billion in Defense Department funds, which the administra­tion says will be used to construct more than 100 miles of fencing. One project would replace 46 miles of barrier in New Mexico for $789 million. Another would replace 63 miles in Arizona for $646 million. The other two projects in California and Arizona are smaller.

The other funds were not at issue in the case. The Treasury Department funds have so far survived legal challenges, and the Customs and Border Protection agency has earmarked the money for work in Texas’ Rio Grande Valley but has not yet awarded contracts. Transfer of the $3.6 billion in military constructi­on funds is awaiting approval from the defense secretary.

Soon after Trump declared a national emergency, two advocacy groups represente­d by the ACLU — the Sierra Club and Southern Border Communitie­s Coalition — sued to stop Trump’s plan to use money meant for military programs to build barriers along the border.

Judge Haywood Gilliam of U.S. District Court in Oakland, Calif., blocked the effort in a pair of decisions that said the statute the administra­tion had relied on to justify the transfer did not authorize it.

“The case is not about whether the challenged border barrier constructi­on plan is wise or unwise. It is not about whether the plan is the right or wrong policy response to existing conditions at the southern border of the United States,” Gilliam wrote. “Instead, this case presents strict legal questions regarding whether the proposed plan for funding border barrier constructi­on exceeds the executive branch’s lawful authority.”

A divided three-judge panel of the 9th U.S. Circuit Court of Appeals, in San Francisco, refused to stay Gilliam’s injunction while the court considered the government’s appeal.

The public interest, the majority said, “is best served by respecting the Constituti­on’s assignment of the power of the purse to Congress, and by deferring to Congress’ understand­ing of the public interest as reflected in its repeated denial of more funding for border barrier constructi­on.”

In urging the Supreme Court to intercede, Noel Francisco, the solicitor general, wrote that the plaintiffs’ “interests in hiking, bird watching and fishing in designated drug-smuggling corridors do not outweigh the harm to the public from halting the government’s efforts to construct barriers to stanch the flow of illegal narcotics across the southern border.”

Francisco argued that the lower courts had misread two provisions of a federal law in concluding that the transfer was not authorized. The law allows reallocati­on of money to address “unforeseen military requiremen­ts” where the expenditur­es had not been “denied by Congress.” Francisco wrote that the drug enforcemen­t measures were unforeseen when the Defense Department made its budget request and that Congress had never addressed the particular narcotics measures.

In response, the ACLU said the central issue in the case was straightfo­rward. The administra­tion, the group wrote, “lacks authority to spend taxpayer funds on a wall that Congress considered and denied.”

GUATEMALA DEAL

In addition to the border wall, the Trump administra­tion has been working with other countries to try to stanch the flow of migrants crossing the southern border.

On Friday, the Trump administra­tion signed an agreement with Guatemala that will restrict asylum applicatio­ns to the U.S. from Central America.

The agreement regarding the so-called safe third country would require migrants, including Salvadoran­s and Hondurans, who cross into Guatemala on their way to the U.S. to apply for protection­s in Guatemala instead of at the U.S. border.

“This is a very big day,” Trump said. “We have long been working with Guatemala and now we can do it the right way.”

The two countries had been negotiatin­g such an agreement for months, and Trump threatened Wednesday to place tariffs or other consequenc­es on Guatemala if it didn’t reach a deal.

“We’ll either do tariffs or we’ll do something. We’re looking at something very severe with respect to Guatemala,” Trump had said.

On Friday, Trump praised the Guatemalan government, saying now it has “a friend in the United States, instead of an enemy in the United States.”

Trump added Friday that the agreement would protect “the rights of those with legitimate claims,” end “abuse” of the asylum system and curtail the crisis on the U.S. southern border.

He said that as part of the agreement, the U.S. would increase access to the H-2A visa program for temporary agricultur­al workers from Guatemala.

It’s not clear how the agreement will take effect. Guatemala’s Constituti­onal Court has granted three injunction­s preventing its government from entering into a deal without approval of the country’s congress.

Guatemalan President Jimmy Morales said on social media that the agreement allows the country to avoid “drastic sanctions … many of them designed to strongly punish our economy, such as taxes on remittance­s that our brothers send daily, as well as the imposition of tariffs on our export goods and migratory restrictio­ns.”

Human-rights prosecutor Jordan Rodas said his team was studying the legality of the agreement and whether Interior Minister Enrique Degenhart had the authority to sign the compact.

Guatemala’s government put out a six-paragraph, Spantion,

ish-language statement Friday on Twitter. It does not call the agreement “safe third country” but “Cooperatio­n Agreement for the Assessment of Protection Requests.”

The Guatemalan government said that in coming days its Labor Ministry “will start issuing work visas in the agricultur­e industry, which will allow Guatemalan­s to travel legally to the United States, to avoid being victims of criminal organizati­ons, to work temporaril­y and then return to Guatemala, which will strengthen family unity.”

The same conditions driving Salvadoran­s and Hondurans to flee their country — gang violence, poverty, joblessnes­s, a prolonged drought that has severely hit crop yields — are present in Guatemala.

Advocacy groups condemned the move Friday, with Amnesty Internatio­nal saying “any attempts to force families and individual­s fleeing their home countries to seek safety in Guatemala are outrageous.”

Homeland Security officials said they expected the agreement to be ratified in Guatemala and would begin implementi­ng it in August. Acting Secretary Kevin McAleenan said it was part of a long-standing effort with Guatemala to address migration and combat smuggling. He cautioned against calling the country unsafe for refugees.

“It’s risky to label an entire country as unsafe. We often paint Central America with a very broad brush,” he said. “There are obviously places in Guatemala and in the U.S. that are dangerous, but that doesn’t mean it doesn’t have a full and fair process. That’s what the statute is focused on. It doesn’t mean safety from all risks.”

 ?? The New York Times/ANNA MONEYMAKER ?? President Donald Trump stands over Guatemalan Interior Minister Enrique Degenhart (left) and acting Homeland Security Secretary Kevin McAleenan in the Oval Office on Friday after they signed an agreement requiring migrants who travel through Guatemala to seek asylum there instead of in the U.S.
The New York Times/ANNA MONEYMAKER President Donald Trump stands over Guatemalan Interior Minister Enrique Degenhart (left) and acting Homeland Security Secretary Kevin McAleenan in the Oval Office on Friday after they signed an agreement requiring migrants who travel through Guatemala to seek asylum there instead of in the U.S.
 ?? The New York Times/ILANA PANICH-LINSMAN ?? Guatemalan­s walk on the Mexican side of the border wall near El Paso late last month. Friday, the Supreme Court ruled President Donald Trump could go ahead with further constructi­on of the border wall using money transferre­d from the Pentagon while a legal challenge to the plan continues.
The New York Times/ILANA PANICH-LINSMAN Guatemalan­s walk on the Mexican side of the border wall near El Paso late last month. Friday, the Supreme Court ruled President Donald Trump could go ahead with further constructi­on of the border wall using money transferre­d from the Pentagon while a legal challenge to the plan continues.

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