The Supreme Court will consider arguments on Monday to review the constitutionality of a Trump administration policy that bars some asylum seekers from entering the United States.
Justice Department lawyer Michael Dreeben is scheduled to argue that the so-called Safe Third Country Agreement between the United States and Mexico is constitutional. The Court will be hearing his arguments at 10 a.m. ET.
A majority of justices will be weighing in on the case for the first time as their terms end.
The refugee pact bars anyone coming to the United States from claiming asylum while trying to enter the country illegally from Mexico. The policy, which was updated in 2016, was instituted by the Obama administration.
Justice Department lawyers filed an appeal after a federal appeals court sided with California and New York in an April 24 ruling, which struck down the policy.
The Ninth Circuit Court of Appeals sided with California and New York after U.S. District Judge Jon Tigar issued a preliminary injunction on the policy in 2017. The Obama administration had argued that the Trump administration was effectively binding states into enforcing the agreement, and at the same time directing immigration officials to deny people asylum.
Monday’s Supreme Court hearing will have special significance because Trump is scheduled to leave office in seven months. President Donald Trump took aim at the Ninth Circuit after its rulings against him, and is expected to weigh in again on the eve of his departure. He has also repeatedly called for cracking down on illegal immigration.