The ruling reverses a lower court decision in favor of Texas and Missouri
The Supreme Court ruled Thursday in a 5-4 decision that the Biden administration can repeal the Trump administration’s Migrant Protection Protocols, commonly known as the "Remain in Mexico" policy, reversing a lower court ruling.
Under that policy, migrants seeking entry into the U.S. had to stay in Mexico as they awaited hearings. The Trump administration put the policy in place so that migrants would not be released into the U.S. The Biden administration had tried to repeal the policy but was previously blocked by a lower court. At issue was whether the Department of Homeland Security's suspension and subsequent termination of the policy violated a federal law that requires that migrants be detained or, if they arrived from a contiguous country, sent back.
"[T]he Government’s rescission of MPP did not violate section 1225 of the INA [Immigration and Nationality Act], and the October 29 Memoranda did constitute final agency action," Chief Justice John Roberts wrote in the Court's opinion.
The statute Roberts cited, 8 U.S.C. Section 1225, says that someone applying for admission "shall be detained for a proceeding" unless they are "clearly and beyond a doubt entitled to be admitted," and also says if they are from a contiguous territory like Mexico, "the Attorney General may return the alien to that territory" as they await a hearing. Texas and Missouri had pointed to this language in arguing that the Remain in Mexico policy was necessary to adhere to this law. Without the ability to detain everyone, the states argued in their lawsuit, sending them back when possible is necessary. --->READ MORE HERE
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| Elliot Spagat/AP Photo |
The Supreme Court has rejected a major challenge to President Joe Biden’s effort to shut down his predecessor’s “Remain in Mexico” program that forced many asylum seekers trying to cross the U.S. border to return to Mexico to await hearings before U.S. immigration judges.
In a 5-4 decision, the justices ruled that federal immigration law does not mandate that the Biden administration send asylum applicants back to Mexico. The decision also leaves intact, for now, the federal government’s authority to release or “parole” foreign citizens into the U.S. as they await immigration court hearings.
The decision did not rule out the possibility that other legal challenges to the Biden administration’s move to wind down the program might eventually succeed, but it clears the way for the feds to stop sending migrants back to Mexico for the time being.
Chief Justice John Roberts and Justice Brett Kavanaugh joined the court’s liberal justices in the majority, while the other conservative justices dissented. --->READ MORE HERE
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