Supreme Court Will Hear Cases on Remain in Mexico Policy, Border Wall

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Supreme Court Will Hear Cases on Remain in Mexico Policy, Border Wall

Even with an election only two weeks away, legal challenges involving immigration law under the Trump administration continue to work their way through the courts.  On Monday, the U.S. Supreme Court announced that it will soon hear two cases related to controversial immigration policies: the “Remain in Mexico” asylum rule and the funding of construction of a border wall on the United States’ southern border with Mexico.  Though the Supreme Court has chosen to hear these two cases, both cases could be considered moot depending on the outcome of the presidential election.

In March, the 9th Circuit U.S. Court of Appeals issued an injunction against the Trump administration, preventing it from continuing the Remain in Mexico policy in California and Arizona  However, before the injunction could take effect, the Supreme Court ruled the policy could be enforced as the case against the policy, officially known as Migrant Protection Protocols, was heard in heard in court.  The plaintiffs in this case (Wolf v. Innovation Law Lab) are asylum-seekers who were forced to wait in Mexico for a decision on their asylum claims.

The border wall case is not really about the legality of the construction of the wall itself, but how the wall is being paid for.  The Trump administration was unable to secure funding for the border wall through Congress, instead opting to transfer funds from projects appropriated to several military projects.  The transfer of funds was originally blocked by a district court judge and upheld by an appellate court, but the Supreme Court lifted that injunction as well.  The case is Trump v. Sierra Club.  Though the border wall is the reason for the court case, the arguments are more related to the power of government than immigration specifically.

Immigration law is at a crossroads in the United States of America, but no matter which path is taken, the Law Offices of Scott Warmuth will help its clients meet their immigration goals.  We offer 100% free initial consultations, so call us today at 888-517-9888.

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