Court refuses to greenlight Trump rule restricting immigration

Cheryl Sanders
January 14, 2020

A massive caravan of immigrants seeking asylum began moving towards the US through Mexico in Autumn 2018, which the US president characterised as a crisis and vowed to build a wall on the US-Mexican border.

Those who have criticized the progress say it shouldn't take so long because the existing border wall is simply being replaced.

In September the Trump administration laid down a goal of constructing 450 miles of border wall by the end of 2020.

"The Government is entitled to the same relief here for, among other reasons, the substantial likelihood that Appellees lack Article III standing".

But he then turned around and declared a border emergency, claiming powers to shift about $600 million from a Treasury fund and about $6 billion from two different Pentagon streams of money to go toward wall building.

In essence, Trump's declaration enabled him to draw billions more dollars beyond the $1.3 billion that Congress specifically authorized for border wall funding. They noted that Trump had promised repeatedly during the 2016 presidential campaign that Mexico would pay for the wall. The Congressionally approved funds fell short of the Presidents initial demand of $5 billion for border wall construction.

The Constitution of the United States gives Congress the sole authority to appropriate taxpayer funds, so the argument is over whether the White House has the authority to override Congress in this matter.

Trump tapped his son-in-law and senior adviser, Jared Kushner, to help speed up completion of the wall, but the project has been plagued by delay.

He cheered Wednesday's night's ruling by the New Orleans-based court with a tweet, writing: "Entire Wall is under construction or getting ready to start!"

"It's unfortunate that the people of El Paso will continue to suffer harm while the government appeals, but we're confident that we'll prevail again in this next stage of litigation", lawyers for the city said following the ruling.

"The administration's new, racially motivated wealth test that they are trying to implement with the public charge statute is contrary to federal law and we'll continue to vigorously advocate and vigorously litigate those cases throughout the country", said Nicholas Espiritu, an attorney with the National Immigration Law Center.

"The Fifth Circuit has lifted an illegitimate nationwide injunction entered by a lower court, and in doing so has allowed vital border wall construction to move forward using military construction funds", it said.

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