Supreme Court Denies Biden’s Challenge to Trump-Era ‘Remain in Mexico’ Program

by ian

Ian Patrick, FISM News


The Supreme Court ruled that the Biden administration must reinstate the Trump-era “Remain in Mexico” policy after Biden had previously rolled back the program.

The Supreme Court said in an order on the case that the Biden administration did not go through the proper process in undoing the previous policy and called the White House’s reversal “arbitrary and capricious.” It also noted that the Court’s three liberal justices “would grant the application.”

Known as the Migrant Protection Program (MPP), the policy formed an understanding between Mexico and the U.S. by ensuring that some migrants stay in Mexico while awaiting an immigration hearing. It was signed under the Trump administration, but was put under review by President Biden upon his first few days in office.

Under the review order, the Department for Homeland Security decided to cut the MPP on June 1 of this year, which the organization said did not impact those who were already under the review process. Texas and Missouri challenged the move, saying it put too much strain on local resources.

Biden took his challenge to the Supreme Court after a Texas judge ruled that the MPP would have to be reimplemented, and after a New Orleans Appeal Court denied a request from the government for a delay on the reimplementation.

The DHS replied to the ruling, airing their disappointment and vowing to continue their opposition to the MPP:

The Department of Homeland Security respectfully disagrees with the district court’s decision and regrets that the Supreme Court declined to issue a stay.  DHS has appealed the district court’s order and will continue to vigorously challenge it.  As the appeal process continues, however, DHS will comply with the order in good faith.  Alongside interagency partners, DHS has begun to engage with the Government of Mexico in diplomatic discussions surrounding the Migrant Protection Protocols (MPP).  DHS remains committed to building a safe, orderly, and humane immigration system that upholds our laws and values.  DHS continues to process individuals in accordance with U.S. law and our mission.  Pursuant to the CDC’s Title 42 public health order, DHS continues to expel single adults and families encountered at the Southwest Border.

Texas Governor Greg Abbott replied positively to the news saying the Court prevented Biden from “skirting” current immigration laws. Opponents to the MPP, on the other hand, worry that asylum seekers will be in more danger if they have to wait out their process in Mexican border cities.