Supreme Court Revives Trump-Era ‘Remain in Mexico’ Policy for Migrants

The United States Supreme Court recently denied President Joe Biden’s attempt to rescind an immigration policy implemented by former President Donald Trump.

The policy ensured thousands of asylum seekers to stay in Mexico while awaiting U.S. hearings.

The court rejected the Biden administration’s efforts to block a ruling issued by a Texas-based judge, which requires the government to revive President Trump’s “remain in Mexico” policy, also known as the Migrant Protection Protocols (MPP) program.

Three liberal Supreme Court judges dissented. The court is currently comprised of a 6-3 conservative majority, including three justices appointed by Trump.

The order means that U.S. District Judge Matthew Kacsmaryk’s ruling is now in effect.

Homeland Security ‘regrets’ the decision

A statement released by the Department of Homeland Security said that it regretted the decision of the Supreme Court and vowed to continue to “vigorously challenge” the ruling of the district court.

The agency says it will comply with the order and has begun discussions with Mexico.

The court’s decision referenced the 2020 ruling that put a stop to former President Trump’s bid to end a program introduced by former President Obama, which prevented the deportation of hundreds or thousands of immigrants, called “Dreamers,” who entered the U.S. illegally as minors.

Since taking office, President Biden and his administration have sought to reverse former President Trump’s more hardline immigration policies and roll back the MPP program.

Missouri and Texas, both Republican-led, have challenged Biden’s move.

The Biden administration turned to the Supreme Court after Judge Kacsmaryk ruled that Trump’s policy must be reinstated. The 5th U.S. Circuit Court of Appeals denied the government’s request for a delay.

The court’s decision said the Biden administration must implement the MPP program in “good faith.”

The Trump administration cited a “security and humanitarian crisis” along the southern border in refusing to allow migrants seeking asylum entry into the United States before hearings before U.S. immigration judges.

Migrants arrested after crossing the U.S. southern border have reached and surpassed 20-year highs. Republicans have blamed the Biden administration’s reversal of several Trump administration policies and the MPP.

The Supreme Court’s ruling is a significant legal setback for the Biden administration. It has maintained that it cannot implement the Remain-in-Mexico policy without receiving approval from the Mexican government to accept migrants returned by the U.S.

As a result of the decision, U.S. immigration officials must now “reimplement” the Remain-in-Mexico policy.