Though President Joe Biden has seemingly done everything in his power to undermine the nation’s immigration laws, the U.S. Supreme Court is poised later this month to review the legality of administration practices that have exacerbated a border crisis many believe is about to get appreciably worse, as Breitbart reports.
The high court is set to hear arguments in the case of Biden v. Texas on April 26, roughly one month before the administration is expected to lift Title 42 immigration restrictions, which have been used to expedite expulsions of migrants at the border since the start of the COVID-19 crisis.
That move is anticipated to result in a massive influx of migrants claiming asylum and is one that has sparked significant controversy among Republicans and moderate Democrats alike.
While federal law affords migrants who find themselves on American soil the opportunity to apply for asylum, it also provides for mandatory detention of such individuals pending the final determination of their claims for that type of protection.
Even so, Department of Homeland Security (DHS) Secretary Alejandro Mayorkas has largely declined to enforce those detention requirements, allowing tens of thousands of migrants to be released into the country’s interior each and every month, according to Breitbart.
Further, in the aforementioned matter of Biden v. Texas, lower courts ordered the administration to compel migrants to remain in Mexico pending disposition of their asylum claims pursuant to a Trump-era policy known as the Migrant Protection Protocols (MPP), but Mayorkas has done so in only a very small number of cases.
A December opinion from a panel of the Fifth Circuit Court of Appeals blasted Mayorkas’ previous attempt to unilaterally end the MPP, saying, “DHS claims the power to implement a massive policy reversal – affecting billions of dollars and countless people – simply by typing out a new Word document and posting it on the internet,” as CBS News reported at the time.
Now, the high is set to examine the questions of whether the federal statute requires HHS to continue implementation of MPP and whether Mayorkas’ prior decision attempting to terminate MPP altogether ever had any legal effect.
The timing of these arguments could not be more critical, given that, according to former Trump adviser Stephen Miller, the end of Title 42 restrictions is about to “open the [migrant] floodgates on a biblical scale,” and it is well past time for the Supreme Court to show fidelity to existing immigration law and force the Biden administration to do the same.