Supreme Court Takes Up Border Wall Funding, Migration Protection Protocols Cases

The Supreme Court is filling up its immigration docket for the 2020 Term.   Last week, the Court decided to take up the Trump administration’s decision to leave undocumented immigrants out of the Census 2020 count for purposes of congressional districting.

Suzanne Monyak for Law360 reports that minutes ago the U.S. Supreme Court granted certiorari in Ninth Circuit cases challenging the Trump administration’s (1) decision to divert funds to finance the president’s U.S./Mexico border wall; and (2) the Migration Protection Protocols requiring asylum-seekers to remain in Mexico while the immigration court decides their cases.

The Court will review two Ninth Circuit rulings finding that the Trump administration’s actions were unlawful.  As Monyak describes the cases,

“The Ninth Circuit concluded in June that President Donald Trump’s decision to authorize the transfer of funds earmarked for defense spending by Congress toward the border wall violated the appropriations clause, which gives Congress the power to control government spending. The Sierra Club and other environmental groups challenged the spending.

And earlier this year, the appeals court held the administration’s “Remain in Mexico” policy, which requires migrants to wait in Mexico while their U.S. immigration court cases continue, `clearly violates’ the federal immigration statute.”

KJ

UPDATE (Oct. 21):  Tyche Hendricks for KQED and Amy Howe on SCOTUSBlog report on the two new immigration cases before the Court.

KJ