The Supreme Court ruled that the administrationTrump administration could continue to build the border fence with Mexico, investing funds obtained from the Department of Defense.
With its favorable ruling, the Supreme Court resolves the case filed by the Ninth Circuit Court of Appeals, which questioned the legality of the transfer of $2.5 billion of Pentagon funds to continue building the border protection in the south, according to the July 31 Daily Caller.
“The court’s decision to let construction continue, I fear, may operate as a final judgment,” wrote Justice Stephen Breyer, implying that the high court’s decision would invalidate any further litigation on this issue.
This lawsuit, originated in June 2019, when U.S. District Judge Haywood Gilliam, appointed by former President Barack Obama, prevented the administration from moving the $2.5 billion in Pentagon funds to the construction of the wall.
Gilliam’s decision was later upheld by the Ninth Circuit Court of Appeals, and then the Trump administration appealed to the Supreme Court, resulting in the American Civil Liberties Union suing on behalf of the Sierra Club and the Southern Border Communities Coalition to stop the construction of the wall.
According to Fox News, the legal basis for starting construction of the border fence with Mexico is provided by a 1996, law which gives the president the power to fight illegal immigration and border crossings, and which limited some legal resources.
The money is being invested in building sections of the wall and in road and lighting infrastructure in places considered critical for the trafficking of illegal drugs, gang members, illegal aliens and all kinds of goods smuggled through the south of the country.
Border protection is one of the promises made by President Trump, and one that he has indeed fulfilled to the best of his ability despite interference from various groups, including Democrats who maintain a policy of open borders to uncontrolled immigration.
In support of the construction of the border fence with Mexico, Trump declared a “national emergency” in February 2019 in response to the “invasion” the United States would suffer through the southern border. With this measure, the president could access the necessary funds without having to go through Congress. However, the decision led to a tough legal battle with the opposition, represented by the Democrats.
However, the support of legislators and citizens drove the project.
“Our Border Patrol tells us it needs physical barriers to help it do its job … strategically placed where traffic is greatest,” said Sen. Richard Shelby (R-Ala.).
Since early 2017, about $15 billion has been invested in the construction of the 454 miles of new border fence.