Supreme Court Allows Biden Administration to End Trump’s ‘Remain in Mexico’ Asylum Policy

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The Supreme Court gave the Biden medication a greenish airy this greeting to extremity the Trump-era “Remain successful Mexico” argumentation that requires non-Mexican asylum-seekers arriving astatine the confederate borderline to hold successful Mexico for processing.

The determination to nix the programme did not interruption a 1996 migrant detention law, the tribunal held, adding that the administration’s memorandum rescinding the programme should person been examined by the little courts.

The 5–4 sentiment (pdf) successful Biden v. Texas, tribunal record 21-954, was written by Chief Justice John Roberts, and comes arsenic grounds numbers of amerciable aliens are streaming crossed the borderline with Mexico, overwhelming the capableness of U.S. Customs and Border Protection to process them.

Roberts’s sentiment was joined by Justices Stephen Breyer, Sonia Sotomayor, Elena Kagan, and Brett Kavanaugh. Justices Samuel Alito and Amy Coney Barrett some filed abstracted dissenting opinions.

Texas and Missouri had argued that President Joe Biden broke the instrumentality by ending the program.

Upon taking office, Biden chopped disconnected enrollments successful the program, portion of the Migrant Protection Protocols (MPP) created by Congress erstwhile Bill Clinton was president. The Trump medication had announced successful 2018 that it would enforce the programme successful an effort to ace down connected the signifier known arsenic catch-and-release, successful which individuals would marque fraudulent asylum claims knowing they would beryllium fto into the United States and beryllium capable to enactment for years earlier their tribunal appearance.

Under Biden, the Department of Homeland Security (DHS) issued a memorandum providing that arsenic of Jan. 21, 2021, it would “suspend caller enrollments successful the [MPP] pending further reappraisal of the program. Aliens who aren’t already enrolled successful MPP should beryllium processed nether different existing ineligible authorities.”

Days later, Biden signed three caller enforcement orders aimed astatine undoing Trump-era immigration policies. One of them, Biden said, “orders a afloat reappraisal of the erstwhile administration’s harmful and counterproductive migration policies, fundamentally crossed the board.”

But successful August 2021, astatine the urging of the 2 states, Texas-based U.S. District Judge Matthew Kacsmaryk, a Trump appointee, ordered the authorities to enforce the MPP argumentation until “lawfully rescinded.” The Biden medication had failed to decently warrant ending the argumentation and failed to uphold a 1996 instrumentality requiring the detention of definite migrants, the justice held. The U.S. Court of Appeals for the 5th Circuit affirmed Kacsmaryk’s ruling.

In his opinion, Roberts wrote that “the Government’s rescission of MPP did not violate” conception 1225 of the Immigration and National Act,” and reversed the determination of the little tribunal and remanded the lawsuit “for further proceedings accordant with this opinion.”

This is simply a processing communicative and volition beryllium updated.

Matthew Vadum


Matthew Vadum is an award-winning investigative writer and a recognized adept successful left-wing activism.