Biden Asks Supreme Court to Cancel Arguments on Border Wall, Asylum

By Mary Anne R. (staff@latinpost.com) First Posted: Feb 01, 2021 11:30 PM EST

A mural stands painted on the Mexican side of the U.S.-Mexico border wall on September 24, 2016 in Tijuana, Mexico. Securing the border and controlling illegal immigration have become key issues in the U.S. Presidential campaign. (Photo : John Moore/Getty Images)

U.S. President Joe Biden's administration asked the Supreme Court on Monday to hold off the upcoming oral argument and delay further action in two pending appeals that were filed by former president Donald trump on U.S.-Mexico border wall funding, as well as the "remain in Mexico" asylum policy.

The court is set to hear arguments in the two cases on Feb. 22 and March 1, respectively after the Biden administration announced that they intend to discontinue construction of the border wall and suspend asylum program, according to a Reuters report.

Acting U.S. Solicitor General Elizabeth Prelogar requested the justices to pause further legal filings in the cases and remove them from them from their oral argument calendar with the actions taken by the current administration on the two immigration policies.

"The President has directed the Executive Branch to undertake an assessment of 'the legality of the funding and contracting methods used to construct the wall,'" the administration was quoted on The Hill report.

Biden's Orders on the Immigration Policies

During his first day in the office, Biden ordered a freeze on border wall projects and directing a review of the legality of its funding, as well as its contracting methods. The Department of Homeland Security said it would then halt new enrollments in the asylum program, which leaves pending further review.

The border wall case involves a legal challenge that accuses Trump of having going beyond his constitutional powers and infringing upon the authority of Congress by diverting military funds approved by lawmakers to pay for the wall.

Trump's central campaign in 2016 promises building the wall. Meanwhile, "remain in Mexico" policy has forced tens of thousands of migrants along the southern border to wait in Mexico rather than entering the U.S. while their asylum claims are processed.

Lower courts ruled against the Trump administration in both cases, while the Supreme Court last year agreed to hear the Trump administration's appeals.

More than 60,000 asylum-seekers were returned to Mexico under the "remain in Mexico" program, which is a departure from previous practice of allowing those who were fleeing violence to cross border and apply asylum.

The suit was brought by the American Civil Liberties Union and immigration advocacy groups on behalf of immigrants of El Salvador, Guatemala, and Honduras.

The filings had stated that the challengers had agreed to the delays imposed by the Biden administration.

Gloria Smith, a managing attorney at the Sierra Club, said in a release that they are relieve to see a pause on wall construction while the Biden administration decides if they were to defend Trump's illegal and disastrous policies.

Meanwhile, it is not unusual for a new administration to request dismissal of a case due to change in the underlying policy, according to a Bloomberg report.

The Trump administration had appealed in both cases after losing the federal appeals court level. Prelogar said opponents of the policies agreed to the request to cancel arguments.

Tags biden, border wall, asylum