September 19, 2021

Biden admin challenge to Trump’s ‘remain in Mexico’ policy fails, SCOTUS orders reinstatement

The Supreme Court ruled the Biden administration could not end former President Donald Trump’s remain in Mexico policy that allows illegal immigrants to remain in their own country while awaiting an asylum hearing.

The 6-3 decision included a brief statement, noting, “The application for a stay presented to Justice Alito and by him referred to the Court is denied. The applicants have failed to show a likelihood of success on the claim that the memorandum rescinding the Migrant Protection Protocols was not arbitrary and capricious.

It added, “Our order denying the Government’s request for a stay of the District Court injunction should not be read as affecting the construction of that injunction by the Court of Appeals.”

The three dissenting judges were Justice Breyer, Justice Sotomayor, and Justice Kagan.

“In recent years, this Court has repeatedly stayed broad lower court injunctions against Executive Branch policies addressing matters of immigration, foreign policy, and migration management,” Acting Solicitor General Brian H. Fletcher wrote. “It should do the same here.”

“The district court’s mandate to abruptly reimpose and maintain that program under judicial supervision would prejudice the United States’ relations with vital regional partners, severely disrupt its operations at the southern border, and threaten to create a diplomatic and humanitarian crisis,” he added.

Despite President Joe Biden’s end of the remain in Mexico policy, his administration has turned many away due to Title 42, a provision used as a means to slow the spread of COVID-19. However, the administration’s policies have led to more than one million illegal immigrants since Biden has taken office.

The ruling offers a small win for border security, but much more is  needed to provide a safe border, something Biden is unlikely to address anytime soon.

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