Did the Supreme Court’s DACA Decision Lead to the Biden Administration’s “Remain in Mexico” Defeat?
My initial reaction to the Supreme Court’s decision denying the Biden Administration’s to preserve its repeal of the Trump Administration’s Migrant Protection Protocol (MPP, better known as “Remain in Mexico”) policy was that this decision logically followed from the Supreme Court’s decision in DHS v. Regents of the University of California. It seems to me the two decisions reflect a new standard for judicial review of discretionary policies in the immigration context, and that this is not a positive development.
Over at Notice & Comment (a must-read for the AdLaw interested), Professor Zach Price offers a similar assessment with which I generally agree. A taste:
Like DACA, the Remain-in-Mexico policy should have been revocable with little or no explanation. Not only is the authority to return migrants discretionary, not mandatory, but returning them in large numbers to a neighboring country could raise delicate diplomatic questions that require a variable policy over time. Absent a more specific statutory mandate, courts have no business freezing executive policies like this in place.
In the waning days of the Trump Administration, however, Texas entered an agreement with the federal government guaranteeing advance notice prior to any rescission of Remain-in-Mexico. So, when the Biden Administration nevertheless rescinded the policy, Texas and Missouri sued,
Article from Latest – Reason.com