After The White House ceased the informally known policy “Remain in Mexico”– a policy that requires thousands of asylum-seekers to wait in Mexico while waiting for their immigration hearings– shortly after President Joe Biden’s inauguration, the Supreme Court says the Biden administration may have violated federal law.
The “Remain in Mexico” policy is formally referred to as the “Migrant Protection Protocols’ program and was enacted in 2019 under the Trump administration.
The Supreme Court’s decision for reinstatement won in a conservative majority, three judges of which are appointed by Trump, with the dissenting judges not writing their opinions on the case.
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In an unsigned order leased on Tuesday, the court wrote that the Biden administration “failed to show a likelihood of success on the claim that the memorandum rescinding the MPP was not arbitrary and capricious.
With this, the Supreme Court orders that the policy be reinstated, to the upset of many immigration advocates. Statements say that this reinstatement will put vulnerable immigrant families at risk because of harsh conditions across the border.
The American Immigration Council said, “Remain in Mexico is a dangerous policy for thousands of people seeking humanitarian aid.”
Supporters of the MPP say that health and security were the primary concerns that this policy considers when refusing to admit migrants seeking asylum into the US.
On its suspension, supporters of the policy rebuffed the Biden administration, claiming it placed a burden on local governments to provide services to immigrants who were allowed to stay in the U.S.
The Homeland Security Department says it would continue to challenge the court’s decisions, but said they will comply with the policy as the appeals persisted.
In a statement, they said “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.”