SCOTUS Rules Biden Can Scrap Signature Trump-Era Immigration Policy
The Supreme Court ruled Thursday that the Biden administration can stop the implementation of the Trump-era ‘Remain in Mexico’ policy.
The policy, formally known as the Migrant Protection Protocols, forces certain migrants to await asylum proceedings in Mexico. The Trump administration enacted the policy in 2019 to send certain migrants to Mexico to await their asylum proceedings. But, on his second day in office, President Joe Biden ended the policy, calling it both “dangerous” and “inhumane.”
“For the reasons explained, the Government’s rescission of MPP did not violate section 1225 of the INA, and the October 29 Memoranda did constitute final agency action. We therefore reverse the judgment of the Court of Appeals and remand the case for further proceedings consistent with this opinion. On remand, the District Court should consider in the first instance whether the October 29 Memoranda comply with section 706 of the APA,” Chief Justice John Roberts wrote in Thursday’s 5-4 opinion.
In April 2021, Texas Attorney General Ken Paxton sued the Biden administration after it scrapped the policy, which he argued would curb illegal activity originating from the border.
MPP had endemic flaws, imposed unjustifiable human costs, pulled resources and personnel away from other priority efforts, and did not address the root causes of irregular migration.
— Secretary Alejandro Mayorkas (@SecMayorkas) October 29, 2021
“President Biden could immediately remedy the influx of crime pouring across our border by reinstating the Migrant Protection Protocols,” Paxton said in an April statement.
“Dangerous criminals are taking advantage of the lapse in law enforcement and it’s resulting in human trafficking, smuggling, a plethora of violent crimes, and a massive, unprecedented burden on state and federal programs for which taxpayers must foot the bill. We cannot allow this lawlessness to destroy our communities any longer. President Biden must act,” he added.
A migrant I met in Yuma last month was sent back to Mexico, under the Trump-era ‘Remain in Mexico’ policy. He sent me these pictures of the camp in Mexico where he’s awaiting his court hearing, telling me the air conditioning barely works, the food is expired, and it’s filthy. pic.twitter.com/XO6dKvz41C
— Jennie Taer (@JennieSTaer) June 21, 2022
A federal judge ruled in August that ending the policy violated the law.
The Biden administration appealed the decision, but the Supreme Court ruled against it.
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