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| Alex Brandon/AP Photo |
The Supreme Court has issued an order effectively forcing the Biden administration to restore the Trump administration’s “Remain in Mexico” policy, which requires many asylum seekers to wait in Mexico while they await hearings on their requests for safe haven in the U.S.
The high court’s order, issued on Tuesday evening over the dissent of the court’s three Democratic appointees, rejected the Justice Department’s request for a stay that would have allowed the controversial policy to remain on ice while litigation over President Joe Biden’s effort to rescind it continues.
The ruling is a victory for the states of Texas and Missouri, which sued over the repeal of the policy and won a ruling from a federal judge in Texas earlier this month requiring that the Biden administration return to the practice President Donald Trump instituted in January 2019.
U.S. District Court Judge Matthew Kacsmaryk, a Trump appointee in Amarillo, Texas, ordered on Aug. 13 that the Biden administration reinstate the policy within seven days. The judge accepted arguments from the Republican attorneys general of Texas and Missouri that the Biden administration had failed to comply with legal requirements to consider all relevant factors before halting the Trump-era policy. --->READ MORE HERE
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| Eugene Garcia/AP |
The Supreme Court on Tuesday said the Biden administration must comply with a lower court’s ruling to reinstate President Donald Trump’s policy that required many asylum seekers to wait outside the United States for their cases to be decided.
The administration had asked the court to put on hold a federal judge’s order that the “remain in Mexico” policy known as Migrant Protection Protocols (MPP) had to be immediately reimplemented. U.S. District Judge Matthew Kacsmaryk ruled earlier this month that the Biden administration did not provide an adequate reason for getting rid of the policy, and that its procedures regarding asylum seekers who enter the country were unlawful.
Over the objections of the three liberal justices, the court’s conservative majority agreed the administration had not done enough to say why it was changing the policy.
The administration “failed to show a likelihood of success on the claim that the memorandum rescinding the Migrant Protection Protocols was not arbitrary and capricious,” the court said in a short unsigned order.
It said Justices Stephen G. Breyer, Sonia Sotomayor and Elena Kagan would have granted the administration’s request. --->READ MORE HEREFollow links below to related stories:
Supreme Court Orders Reinstatement of ‘Remain in Mexico’ Policy in Blow to Biden Admin
Supreme Court rejects Biden’s bid to delay ‘Remain in Mexico’ border policy
Supreme Court rules Biden may not suspend Trump-era 'remain in Mexico' policy for migrants
U.S. Supreme Court requires Biden to revive Trump-era 'remain in Mexico' immigration policy
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