Supreme Court Concludes Trump “Remain in Mexico” Policy Must Remain in Place
Last night, the Supreme Court denied the Biden Administration’s request to stay a lower court order requiring the federal government to reinstate the Trump Administration’s Migrant Protection Protocol (MPP) policy (aka, the “Remain in Mexico” policy). Citing DHS v. Regents of the University of California, in which a majority of the Court rejected the Trump Administration’s attempt to undo the Deferred Action for Childhood Arrival (DACA) policy, a majority of the Court concluded the Biden Administration was unlikely to prevail on the merits, and so left the lower court’s order requiring efforts to reinstate MPP in place.
Under MPP, third-country nationals entering the United States by land unlawfully are returned to the country from which they entered (Mexico or Canada) pending completion of removal proceedings. The purported aim of the policy was to prevent third-country nationals from being able to enter (and potentially remain in) the country before the government could determine whether they were eligible for asylum or to otherwise remain in the country. Upon taking office, the Biden Administration initially suspended and then revoked MPP on the grounds that it represented a poor allocation of enforcement resources and was inconsistent with the Administration’s immigration and foreign policy objectives. Five years ago, there would have been little question the Biden Administration could revoke this policy, but that was then.
After the Biden Administration ended MPP, Texas and other states sued to challenge this revocation, prevailing in the lower courts. The
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