Supreme Court Denies Biden—Trump’s ‘Remain-in-Mexico’ Policy Upheld

The Supreme Court ruled on Tuesday that the Biden administration must reinstate President Trump’s “Remain-in-Mexico” policy.

QUICK FACTS:
  • The Court voted 6-3 to reject Biden’s plea to block the reinstatement of the program, which requires immigrants seeking asylum at the southern border to wait in Mexico while their applications are pending, according to Axios.
  • The Court’s three liberal justices—Sonia Sotomayor, Elena Kagan and Stephen Breyer—dissented.
  • The Biden admin attempted to block a Texas-based judge’s ruling requiring the government to revive Trump’s “remain in Mexico” policy, formally known as the Migrant Protection Protocols (MPP) program, notes the Los Angeles Daily News.
  • A federal judge in Texas had previously ordered that the program be reinstated last week. Both he and the 5th U.S. Circuit Court of Appeals refused the administration’s request to put the ruling on hold, according to The Fresno Bee.
WHAT THE ORDER SAID:

The application for a stay presented to Justice Alito and
by him referred to the Court is denied. The applicants have
failed to show a likelihood of success on the claim that the
memorandum rescinding the Migrant Protection Protocols was not
arbitrary and capricious. See Department of Homeland Security v.
Regents of Univ. of Cal., 591 U. S. _ (2020) (slip op., at 9-
12, 17-26). Our order denying the Government’s request for a stay
of the District Court injunction should not be read as affecting
the construction of that injunction by the Court of Appeals.
Justice Breyer, Justice Sotomayor, and Justice Kagan would
grant the application.

BACKGROUND:
  • Arrests of migrants caught crossing the U.S. southern border have reached 20-year highs in recent months, a development that Republicans blame on Biden’s reversal of MPP and other Trump immigration policies, notes Reuters.