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The U.S. Congress is now taking a more active position particularly in the Senate which has a Republican majority. Republicans led by Lamar Alexander,  a senior senator since 2003, voted against Mr. Trump's emergency declaration to obtain funding for a border wall.

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President trump accepted the package of spending bills passed in Congress which provide a fourth of the border wall funding he is looking for. The package includes $1.38 billion in funding for 55 mile border fence on the border with Mexico. Mr. Trump sought $5.7 billion for a longer fence to fulfill a key 2016 campaign pledge. Mr. Trump plans to get additional funding by declaring a national emergency that could potentially enable shifting to either military construction or U.S. Army Corps of Engineers funding.

Senator Lindsay Graham supports an emergency declaration. The National Emergencies Act limits presidential power by allowing Congress to terminate an emergency declaration and automatically terminates it in 180 days.

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In a 5 to 4 court runling the U.S. Supreme Court gives president Trump the authorization to use $2.5 billion in Pentagon funds for building a border wall with Mexico. This was a campaign promise and energized his election campaign after years of failure to reach agreement between Democrats and Republicans on how to tackle the migration issue. In the court's decision it overturned an appellate court decision.  The Supreme Court stated in its order that the groups challenging the administration did not appear to have the legal right to do so. This indicates that the Court's conservative majority is likely to support the Trump administration in the end.  The surge in migration from Central American countries such as Guatemala through Mexico has revived the issue of migration. President Trump also secured an agreement with Guatemala to cut down on the migration.  President Trump has cited the need to control flow of illegal drugs across U.S. southern border in addition to the migrants from Mexico and Central America. In bringing the case to the Supreme Court the solicitor general, Noel Francisco wrote that the Plaintiff (Sierra Club) "interests in hiking, bird watching and fishing in designated drug smuggling corridors do not outweigh the harm to the public from halting the government's efforts to construct barriers to stanch the flow of illegal narcotics across the southern border."  The dispute between the Trump administration and the Democrats controlled House of Representatives led to court decisions stopping the use of government funds to build the wall. This led to the declaration of a national emergency along the Mexican border by president Trump on Feb. 15, 2019, after a government shutdown during an impasse with Congress on this issue.  Now the Supreme Court has given president Trump access to Defense Department funds to proceed with the wall and meet a campaign promise.   ...

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The Fifth U.S. Circuit Court of Appeals granted a U.S. administration request staying the effect of a lower court ruling, giving the government the $3.6 billion in U.S. Defense Department funds to build a border wall. This money goes towards the goal of building 500 miles of the wall by the end of 2020. In a 2-1 decision the court majority cited a Supreme Court order from July 2019 that gave the Trump administration the go ahead to use military funds for border wall construction.

The $3.6 billion is part of a $6.7 billion plan of spending under an emergency declaration by president Trump on grounds of border security. So far 100 miles of border wall have replaced flimsier construction barriers that existed. The government now needs to convince private land owners along large stretches of the border along the Rio Grande and other areas to give up their land for the wall.