Justices to hear case on asylum-seekers
Supreme Court also to review transfer of U.S. funding to build wall at border
WASHINGTON — The Supreme Court on Monday agreed to hear two cases involving Trump administration policies at the U.S.-Mexico border: one about a policy that makes asylum-seekers wait in Mexico for U.S. court hearings and a second about the administration’s use of money to fund the border wall.
The justices’ decision to hear the cases continues their practice of reviewing lower-court rulings that have found President Donald Trump’s immigration policies illegal over the past four years.
Most notably, the high court reviewed and ultimately upheld Trump’s travel ban on visitors from some largely Muslim countries. In June, the court kept in place legal protections for immigrants who came to the U.S. as children.
The justices will not hear either new case until 2021, and the outcome of the presidential election could make the cases go away, or at least reduce their significance. If Democrat Joe Biden wins the White House, he could rescind Trump’s “Migrant Protection Protocols” policy. In the border wall case, much of the money has already been spent and stretches of wall constructed.
The court has allowed both policies to continue even after they were held illegal by lower courts, a sign the challengers could face long odds when the justices ultimately decide the cases.
The Trump administration policy known informally as “Remain in Mexico” began in January 2019. It became a key pillar of the administration’s response to an unprecedented surge of asylum-seeking families from Central American countries at the border, drawing criticism for having people wait in highly dangerous Mexican cities.
Lower courts found that the policy is probably illegal. But earlier this year the Supreme Court stepped in to allow the policy to remain in effect while a lawsuit challenging it plays out in the courts.
More than 60,000 asylum-seekers were returned to Mexico under the policy. The Justice Department estimated in February that there were 25,000 people still waiting in Mexico for hearings in U.S. court. They were suspended because of the coronavirus pandemic.
The Trump administration told the high court in April that the “program has been extremely effective at reducing the strain on the United States’ immigration detention capacity and improving the efficient resolution of asylum applications.”
In a statement after the high court agreed to take the case, Judy Rabinovitz, an attorney for the American Civil Liberties Union, which is challenging the policy, called the policy “illegal and depraved.”
“The courts have repeatedly ruled against it, and the Supreme Court should as well,” she said.
The court also agreed to hear the Trump administration’s appeal of a lower-court ruling that it improperly diverted money to build portions of the border wall.
The court has previously allowed construction to continue, even after a federal appeals court ruled in June that the administration had illegally sidestepped Congress in transferring $2.5 billion in Defense Department funds.
Dissenting from a July order that allowed construction to continue, Justice Stephen Breyer wrote that the court’s action “I fear, may operate, in effect, as a final judgment.”
The justices’ decision to hear the cases continues their practice of reviewing lower-court rulings that have found President Donald Trump’s immigration policies illegal over the past four years.