U.S. Department of Homeland Security -- Availability of Appropriations for Migrant Protection Protocol Hearing Facilities [open pdf - 159KB]
From the Document: "The U.S. Department of Homeland Security (DHS) established facilities along the southwest border so that individuals enrolled in the Migrant Protection Protocols (MPP) could participate in the video teleconference removal proceedings conducted by the Department of Justice (DOJ), Executive Office for Immigration Review (EOIR). DHS used its FY 2019 operations and support appropriation for the U.S. Immigration and Customs Enforcement (ICE) to establish the facilities even though DOJ had appropriations for EOIR facilities. Because DHS established these facilities to achieve the objectives of MPP, DHS's appropriation was available for this purpose. [...] At issue here is whether DHS may use its FY 2019 ICE operations and support appropriation to establish facilities where enrollees in MPP may participate in EOIR's video teleconference hearings."
Government Accountability Office: http://www.gao.gov/