This past Monday, the U.S. Supreme Court officially certified a ruling from June 30th that would allow those within the Biden Administration to try and put an end to the “Remain in Mexico” border policy from former President Donald Trump.
A little over a month ago, the High Court issued a ruling of 5-4 in Biden v. Texas that the current administration has the power to put an end to the Migrant Protection Protocols, which is also known as Trump’s “Remain in Mexico” border policy. This particular policy required asylum seekers and the various other migrants who arrive at the U.S. Southern Border to remain in Mexico while they wait their turn to take part in their immigration trial.
“…the Government’s rescission of MPP did not violate section 1225 of the INA, and the October 29 Memoranda did constitute final agency action,” wrote Chief Justice John Roberts as part of the majority opinion. “We therefore reverse the judgment of the Court of Appeals and remand the case for further proceedings consistent with this opinion. On remand, the District Court should consider in the first instance whether the October 29 Memoranda comply with section 706 of the APA.”
Back in 2021, Old Uncle Joe called for the end to the policy but faced quite a bit of litigation from Missouri and Texas, which hit the administration with lawsuits for violating the Administrative Procedure Act, which oversees the process that allows federal agencies to develop and issue regulations. One lower court issued an order to the Biden administration that it had to reinstate the policy as of this past December.
Roberts was joined by Justices Brett Kavanaugh, Sonia Sotomayer, Stephen Breyer, and Elena Kagan. The dissenters included Justices Clarence Thomas, Neil Gorsuch, Samuel Alito, and Amy Coney.
It has been stated by the Department of Homeland Security that just over 70,000 migrants were made subject to the policy until its suspension by President Biden as soon as he took office in January of 2021. Since the court forced Biden to set the policy back up, almost 5,800 migrants were subject from December to June with quite a few of them coming from places such as Cuba, Columbia, Nicaragua, and Venezuela.
Those who support the policy have labeled it as a very effective deterrent for cases of illegal immigrants coming to the border trying to call for asylum, continuing on to state that the program has been a benefit since around 70,000 asylum-seekers have successfully managed to make it through the program, while those seeking to get into the country via illegal means have ended up detained.
It was reported by the Associated Press that the United Nations’ International Organization for Migration put out a sign within the Salvation Army migrant shelter in Tijuana, Mexico, last week that told many asylum seekers about the status of the policy.
“Wait for official information! The Remain in Mexico (MPP) program remains in effect. The United States government will inform you of any changes.”