Supreme Court to hear case regarding Remain in Mexico policy, border wall funding

Nation's highest court will likely set precedent for asylum process in U.S. for decades to come

The Supreme Court announced on Monday they will weigh in on two of the Trump administration’s controversial policies when it comes to immigration.

At issue is the White House allocating roughly $2.5 billion in Pentagon funds for border wall construction, a move lower courts have ruled unconstitutional.

The other case surrounds the legality of the Migrant Protection Protocols, commonly known as the Remain in Mexico policy, which was put in place in January of 2019.

The policy states migrants seeking asylum in the U.S. must wait out the duration of their application in Mexico while their case is pending. The move has led to hundreds of thousands of migrants essentially being held in limbo on the other side of the border, some living in desolate and sometimes even violent conditions.

According to Sebastian Sanchez, a criminal justice attorney with Sanchez Law Group, the Trump administration’s policy is at-odds with itself when it comes to the Immigration and Nationality Act.

“The legal problem is under the INA code, which is under the Immigration Naturalization Act, which is our law. It has two sections that contradict -- or could be interpreted as they contradict each other… So what they [Justices] will have to do is determine the legislative intent when congress enacted these two provisions", said Sanchez.

Depending on the outcome, the Supreme Court will likely set the precedent for the asylum process in the U.S. for decades to come.

This all comes as the Senate is set to confirm Supreme Court nominee Amy Coney Barrett in the coming days, which would ultimately result in a 6-3 conservative majority on the bench.

But Sanchez believes despite that, it’s unlikely the Remain in Mexico policy will be upheld.

“Because this discrepancy is very obvious and it’s a discrepancy not between the INA and a regulation, it’s a discrepancy within [the] INA itself", said Sanchez.

Sanchez suggests this discrepancy could possibly help turn the tide for clients he’s represented in the past who have attempted to seek a path to citizenship in the U.S., some of whom have remained in Mexico since the implementation of the policy last year.

News 11 reached out to Border Patrol to discuss how this could affect their line of work, but told us they are not allowed to comment on ongoing litigation or court decisions.

Until a final decision has been made, border wall construction as well the Remain in Mexico policy will stay in effect. Justices have their calendar full for the rest of this year, which means the cases will be taken up some time next year.