High court to review two cases involving Trump border policy

WA S H I N G T O N — T h e Supreme Court on Monday a g r e e d t o h e a r t wo c a s e s i n v o l v i n g T r u mp a d mi n - i s t r a t i o n p o l i c i e s a t t h e U. S . - Mexi c o b o r d e r : o n e 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 j ustices' decision t o hear the cases continues its practice of reviewing lower court rulings that have found President Donald Trump's immigration policies illegal over the past four years.

Mos t n o t a b l y , t h e h i g h court reviewed and ultimately upheld Trump's travel ban on visi t ors f r om some l argely Muslim countries. In June, the court kept in place legal protections for immigrants who came to the U.S. as children.

The j ustices will not hear either new case until 2021, a n d t h e o u t c o m e o f t h e presidential election could make the cases go away, or at least reduce their significance. If Democrat Joe Biden wins the White House, he has pledged to end “Migrant Protection Pr o t o c o l s , ” whic h Tr u mp considers a cornerstone policy on immigration.

I n t he border wall c a s e , much of the money has already b e e n s pe nt a nd wal l c o nstructed. It is unclear what c o u l d b e d o n e a b o u t wal l that has already been built i f the administration l oses, but i t could conceivably be torn down. Biden has said he would cease wall construction if elected but would not tear down what was built under Trump's watch.

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 famil i es from Central American c o u n t r i e s a t t h e b o r d e r , 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 t ha n 60, 000 a s y - l um- seekers were returned to Mexico under the policy. The Justice Department estimated in late February that there were 25,000 people still waiting in Mexico for hearings in U.S. court. Those hearings were suspended because of the coronavirus pandemic.

In a statement after the high court agreed to take the case, Department of Justice spokeswoman Alexa Vance said the administration is pleased the court agreed to hear the case, calling the program “a critical component of our efforts to manage the immigration crisis on our Southern Border.”