Judicial Activism Continues to Stymie Trump's Attempts At a Border Wall

John Romero | May 31, 2019
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One of the greatest challenges President Trump has faced in trying to get control of the flow of immigration into the U.S. has been judicial activism.

From trying to force migrants to stay in their home countries and await their asylum case to banning people from certain countries from traveling to the U.S., judges, many of them cherry-picked by activist groups, have gladly issued nationwide injunctions crippling the executive’s function of controlling immigration.

And the latest attempts at derailing Trump's plans for a border wall to curb the influx of illegal immigration have resulted in nothing different. 

On May 24, Obama-appointed Judge Hayward Gilliam ruled that some $1.5 billion dollars could not be allowed for use of border wall construction, according to Politico. The order came three months after the president had declared a national emergency over the border crisis and outlined three sections of the U.S. code that allowed for the reprogramming of funds.

This ruling set a new precedent, as no judge has ever tried to block the reprogramming of funds in any of the nearly 60 national emergencies that have been declared since the NEA became law. President Trump promptly issued a response to the ruling.

The suit, filed by the ACLU, would days later be followed up again by an attempt to block another four sections of wall along the Tucson, Arizona border set to be built. And again, Politico reported:

The ACLU, in a court filing, said it presents “virtually identical“ arguments to those in the previous case. The construction of the border wall on protected federal land “will irreparably harm Plaintiff Sierra Club’s members’ recreational and aesthetic interests in the borderlands they live in, use, and treasure,” the attorneys wrote.

It should be noted that Tucson has one of the highest crime rates for a city of its size. According to US News, which used the Federal Bureau of Investigation's Uniform Crime Reports has Tucson with a much higher than average crime rate than cities of similar sizes, being rated even more dangerous than cities like Orlando, Fla.

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