On Monday the U.S. Supreme Court certified a June 30 ruling that would allow the Biden Administration to end former President Trump’s “Remain in Mexico” border policy.
Just over a month ago, the nation’s highest court ruled 5-4 in Biden v. Texas that the current administration can end the Migrant Protection Protocols, otherwise known as Trump’s “Remain in Mexico” border policy. The policy required asylum seekers and other migrants who arrive at the U.S. southern border to remain in Mexico while they awaited 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,” Chief Justice John Roberts wrote in 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.”
In 2021, President Joe Biden ordered an end to policy but faced litigation from Missouri and Texas, which sued the president’s administration for violating the Administrative Procedure Act, which governs the process by which federal agencies develop and issue regulations. A lower court ordered the Biden administration to reinstate the policy last December.
Roberts was joined by Justices Brett Kavanaugh, Sonia Sotomayer, Stephen Breyer, and Elena Kagan. Justices Clarence Thomas, Neil Gorsuch, Samuel Alito, and Amy Coney Barrett dissented.
Department of Homeland Security says that approximately 70,000 migrants were subject to the policy until President Biden suspended it on his first day in office in January 2021. Since the court forced Biden to reinstate the policy, nearly 5,800 migrants were subject from December to June, with many traveling from Nicaragua, Cuba, Columbia, and Venezuela.
Supporters of the policy called it an effective deterrent for illegal immigrants coming to the border claiming asylum, adding the program has been a net benefit since around 70,000 asylum-seekers have successfully passed through the program, while those seeking to enter the country illegally have been detained.
The Associated Press reports the United Nations’ International Organization for Migration posted a sign at the Salvation Army migrant shelter in Tijuana, Mexico, last week that informed asylum seekers of the policy’s status.
“Wait for official information! The Remain in Mexico (MPP) program remains in effect. The United States government will inform you of any changes.”
Charlotte Pence Bond and Tim Meads contributed to this report.