The Biden administration directed the Supreme Court to rule on whether the Department of Homeland Security must maintain a Trump era policy known as “Remain in Mexico” which President Joe Biden is trying to eliminate.
The Trump-era policy had forced tens of thousands of migrants to wait in Mexico for the resolution of their U.S. asylum cases.
President Biden tried to get rid of the “Remain in Mexico” policy soon after taking the charge of the office in January.
But after Texas and Missouri sued, a federal judge ruled it had to be reinstated and an appeals court earlier this month agreed.
Under the “Remain in Mexico” policy, that was introduced by former President Donald Trump, which is known as the Migrant Protection Protocols (MPP), migrants seeking asylum must wait weeks and sometimes years in Mexico for a U.S. court date instead of being allowed to await their hearings in the United States.
Remain in Mexico (officially Migrant Protection Protocols) is a United States Immigration policy implemented in January 2019 under the administration of Donald Trump, affecting immigration across the border with Mexico. Administered by the Department of Homeland Security, it required migrants seeking asylum to remain in Mexico until their US immigration court date. In February 2021, the administration of Joe Biden ended the policy but it was then put back into place by the courts.
On August 14, 2021, a federal judge in Texas ordered a resumption of the policy. The Biden administration requested a stay to block the re-enforcement of the policy. That request was denied by the Fifth Circuit Court of Appeal and on August 24, 2021, by the US Supreme Court, as well. As result of the Supreme Court ruling, the US government is now required to re-enforce the policy.
After completion of negotiations with the government of Mexico, the Biden administration announced resumption of the practice on December 2, 2021, with some alterations.
The Biden administration reissued a memo terminating it in the hopes that it would overcome the legal challenges.
However, it seems that the conservative leaning 5th U.S. Circuit Court of Appeals is not yet convinced by the new memo.
The Supreme Court in August denied the Biden administration’s request to pause implementation of the policy.