May 23, 2022

Supreme Court agrees to hear challenge to Trump’s “Remain in Mexico” policy

President Joe Biden is having a problem stemming the tide of illegal immigration. However, that could be because he has no interest in stopping it.

The U.S. Supreme Court agreed to hear Biden’s challenge to the “Remain in Mexico” policy that requires asylum seekers to wait in Mexico for their hearings, Breitbart reported. The court previously upheld this Trump-era policy after Biden tried to eliminate it.

The provision is more formally known as the Migrant Protection Protocols and was instituted during former President Donald Trump’s administration. Previously, asylum seekers were released into the U.S. while awaiting their hearings, a practice that is rife with opportunities to disappear into the shadows without proper vetting.

In the first month of Biden’s presidency, the Department of Homeland Security suspended that practice. Then, in June, DHS Secretary Alejandro Mayorkas abolished the program via memo, which tipped off a legal battle.

The administration lost that first challenge when a federal judge ordered Biden to “enforce and implement MPP in good faith.” Then another DHS memo in October garnered similar results in the U.S. Court of Appeals for the Fifth Circuit that also required Biden to keep the program.

However, as of Friday, the high court has agreed to hear the case and will have the final say. “The case will be set for argument in the second week of the April 2022 argument session,” the Supreme Court announced on its pending cases.

Though the administration has been compelled to follow the program in “good faith,” so far only 410 illegal immigrants total have been sent back to Mexico during Biden’s tenure. That’s a meager amount compared to the Trump-era number of around 400 per day.

The legal challenges should yield favorable results considering the more conservative balance of the court. However, as already demonstrated, there are ways to skirt this program even if the administration is compelled to support it.

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