The Legal Aid Society, one of the groups spearheading the NY challenge to the regulation, praised the Manhattan-bases appellate court for rejecting "the Trump administration's claims that it can not wait to implement its risky and discriminatory public charge policy change". He called to expedite merits assessment by the court, noting the rulings surrounding the border wall involve "weighty issues".
This picture taken on August 28, 2019 shows a portion of the wall under construction on the US-Mexico border seen from Chihuahua State in Mexico, some 100 km from the city of Ciudad Juarez.
The White House says construction of the U.S. -Mexico border wall will move forward after a federal appeals court ruling that frees up construction money.
In a statement shared with Newsweek, Protect Democracy Counsel Kristy Parker lamented the appeals court's decision to stay the injunction, saying: "A court has already determined that the government can't lawfully use military construction funds to build Trump's border wall".
The U.S. Supreme Court in July lifted an order in California that blocked Trump from proceeding with wall projects using $2.5 billion in military funds that had been earmarked for drug interdiction. Trump had previously requested $5.7 billion from lawmakers, but Democrats balked at the price tag.
The White House said it will consider migrants to be a burden if they aren't covered by approved health insurance within 30 days of entering the United States or don't have the financial resources to cover "reasonably foreseeable medical costs".
Mr Trump's vow to "build a wall" was a signature promise of his 2016 campaign.
And protracted legal battles are not the only thing slowing down construction.
In a 2-1 decision late Wednesday, the New Orleans-based 5th U.S. Circuit Court of Appeals placed a temporarily halt on a December 10 ruling by a federal judge in El Paso, Texas, that barred the transfer.
Lawyers for El Paso County and the Border Network for Human Rights, who originally sued over the controversial funding mechanism, suggested that the legal fight isn't over.
"The administration's new, racially motivated wealth test that they are trying to implement with the public charge statute is contrary to federal law and we'll continue to vigorously advocate and vigorously litigate those cases throughout the country", Espiritu said. "Entire Wall is under construction or getting ready to start!" he said early Thursday on Twitter.