U.S. Supreme Will Decide on Trump Wall and Asylum Policy

Hearings on these cases will likely be after confirmation from Amy Coney Barrett.

Bogota, October 20, 2020 (El Tiempo)-. The U.S. Supreme Court announced Monday that it will discuss president Donald Trump's policies, which diverted hundreds of millions of dollars for the construction of a wall on the Mexican border and have sent tens of thousands of asylum seekers to that country and Central America.

Hearings on these cases are likely to take place after the Senate confirms Amy Coney Barrett as the ninth Supreme Judge, resulting in a majority of 6 conservative judges facing three progressives in that court.

The judges will hear the arguments of a Trump administration appeal against the decision of lower courts that declared it illegal to transfer funds for the construction of the wall, as well as the case of people arriving at the country's southern border seeking asylum and being sent back to Mexico and Central America awaiting hearings on their cases.

The demand on the wall was an initiative of the Coalition of Frontier Communities and the Sierra Club environmental group, who argued that the work will aggravate the problem of flooding in the region and harm wildlife.

In May 2019, a federal judge in California ruled that the transfer for the construction of the wall of funds allocated by Congress for Pentagon expenses was illegal, and ordered the suspension of those payments.

In July of that year, in a 5-4 vote, the Supreme Court canceled the default order and authorized continued work while the litigation continued.

Last June, an appeals court, also in California, called Trump's decision illegal because the president has no constitutional authority to change the fate of Congressional money allocations.

The other case by which the Supreme will hold hearings concerns the Migrant Protection Protocol, a policy adopted in early 2019 by the Trump administration that denies people arriving at the border and seeking asylum the normal procedure stipulated by law: provisional release pending a hearing on their cases before an immigration court.

Since then, tens of thousands of people have been sent to the south of the border where they await the formalities of their applications.Federal courts in California have ruled that this policy violates U.S. asylum law and international laws that are protected by asylum seekers.

Posted in Time, available here