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Supreme Court Rules Biden Administration Can End Trump-Era ‘Remain In Mexico’ Policy

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On Thursday, the Supreme Court of the United States ruled 5-4 in Biden v. Texas that the Biden administration can end the Migrant Protection Protocols — a Trump-era immigration policy also known as “Remain in Mexico.”

“The Supreme Court ALLOWS the Biden administration to terminate the controversial Trump-era asylum policy known as ‘remain in Mexico,'” SCOTUS Blog tweeted. “Red states argued that Biden was obliged to keep the policy, but SCOTUS says in a 5-4 ruling that the administration can end it.”

In 2021, President Joe Biden ordered an end to MPP, which required asylum seekers and other migrants who arrived at the U.S. southern border to remain in Mexico while they awaited their immigration trial. The states of Missouri and Texas sued, arguing that the Biden administration had violated the Administrative Procedure Act. Per order of the court, the Biden administration reinstated Remain in Mexico last December.

In October, the Department of Homeland Security issued a new order ending Trump’s signature immigration policy, and  “sought expedited review as to whether federal immigration law requires it to maintain the policy and whether the October decision to end the policy has any legal effect,” Oyez, a legal database, noted.

Chief Justice John Roberts wrote the majority opinion and 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.

“…the Government’s rescission of MPP did not violate section 1225 of the INA, and the October 29 Memoranda did constitute final agency action,” Roberts wrote. “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.”

The full opinion can be read here.

This is a developing story; please check back for updates.

A previous version of this article incorrectly said that Mississippi sued the Biden administration. Both Missouri and Texas sued over the policy. 

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